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ChildRIGHT: In a Nutshell - Changes to the law on looked-after children

The Children and Young Persons Act 2008 amended some of the provisions relating to looked-after children contained in the Children Act 1989.

When is a child "looked after"?

A child is "looked after" if they are in the care of the local authority. The two main routes into the looked-after system are children who are made subject of a care order under s.31 of the Children Act 1989 and those accommodated by the local authority under s.20 of the 1989 act. A child who is provided with accommodation under s.17 of the 1989 act is not considered to be a looked-after child.

How do local authorities find placements for looked-after children?

The 2008 act modifies existing duties and imposes new duties on local authorities when finding placements for looked-after children. These include:

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