Homes for Children and Young People in Coventry 2023-27

There is a duty of ‘sufficiency’ that requires local authorities and Children’s Trust partners to ensure that, through direct provision or commissioned services, a range of placements sufficient to meet the needs of all children in care are available locally or that there is a plan in place to move towards that position. The regulations require a strategy that describes how Local Authorities intend to provide sufficient care placements for its children in care.

As a local authority, the Council is subject to a range of duties towards children within our area which are related to the sufficiency duty. In particular:

• Section 17(1) of the 1989 Act provides that it is the general duty of a local authority to provide a range and level of services to children in need (as defined in section 17(10) of the 1989 Act) and their families in the local area which are appropriate to their needs.
• Section 20 of that Act requires local authorities to provide accommodation for children in need within their area who appear to them to require accommodation in accordance with the provisions of that section.
• Section 21 requires a local authority to accommodate certain children who are either removed or kept away from home under Part V of the 1989 Act or who are subject to a criminal court order under the Police and Criminal Evidence Act (PACE, 1984)
• Section 22C (5) requires local authorities to place children in the most appropriate placement available. In determining the most appropriate placement for a child, section 22C (7) requires local authorities to take into account a number of factors (such as the duties to safeguard and promote welfare; promote educational achievement; ascertain the wishes of the child and family; and give due consideration to religious persuasion, racial origin and cultural background).
• In determining the most appropriate placement for a child, section 22C(7)(a) also requires the local authority to give preference to a placement with a relative, friend or other person connected with the child and who is also a local authority foster parent.
• Section 22C sets out the additional factors (in no order of priority) which the local authority must take into consideration when deciding the most appropriate placement:
• allowing the child to live near his/her home.
• not disrupting the child’s education or training; enabling the child and a looked after sibling to live together.
• meeting the particular needs of disabled children; and
• Providing accommodation within the local authority’s area, unless that is not reasonably practicable.
• Section 23(1) (a) requires a local authority to provide accommodation for a child who is in their care (by virtue of a care order).
• The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, defines all children aged 10 to 17 years old who have been refused bail as a Looked After Child under section 21 of the Children Act 1989 for the duration of the remand.
• Local Authorities have a duty to accommodate all homeless young people aged 16 and 17 years and care leavers under statutory legislation (Children Act 1989 (as amended by Sections 17(6) and 22(1)), The Children Leaving Care Act 2000, The Children and Social Work Act 2017, Housing Act 1996 (as amended), The Homeless (Priority Need) Order 2002) and the Homelessness Reduction Act 2017. Care Leavers aged 18-20 years, and YP aged 16-17 years who are not a ‘relevant child’ or a ‘Child In Need’ owed an accommodation duty under S20 of the Children Act, are in ‘priority need’ for assistance if homeless.

Supported Accommodation regulation will introduce a new set of national standards and require supported accommodation providers to register with Ofsted and show they meet the new regulations. These regulations will give Ofsted additional powers to act against illegal unregistered children’s homes.  

Ofsted began registering providers from 28 April 2023. Registration will become mandatory from 28 October 2023, meaning that any supported accommodation provider accommodating a looked after child or care leaver aged 16 or 17 must be registered with Ofsted or they will be committing an offence.

There is a transitional period whereby providers who submit a full application to Ofsted before 28 October 2023 can continue to operate until that application has been determined. This could lead to sufficiency issues across the sector.