ChildRIGHT: Duties of care -- Case clarifies duties to children in care with SEN

Around 60 per cent of all looked-after children have some form of special educational need (SEN), 28 per cent of whom have an SEN statement. While the Children Act 1989 requires local authorities to promote the educational achievement of looked-after children in their role as corporate parents, provision for children with SEN is governed by the Education Act 1996. This can cause confusion as to the duties and responsibilities of local authorities when a looked-after child also has special educational needs.

The relationship between the Education Act 1996 and the Children Act 1989 becomes particularly significant when a child is accommodated under Part 4 of their statement of special educational needs (as required by the Education Act 1996). Where a residential educational placement is provided to a child in accordance with his or her SEN statement, does the child cease to become a looked-after child under section 20 of the Children Act 1989? This is a very significant question, as children with looked-after status are entitled to a number of benefits when they turn 18 years old, such as housing, medical care and other support until they are 21, or beyond, if in education. The termination of the young person's looked-after status would mean that they would not be entitled to financial care and support when they reach 18.