Legal Update - Legal Q&A

I am a 17-year-old currently in foster placement. The local authority has told me that I will have to move placement even though I am very well settled and don’t want to move. It says I have to move next week. Is there anything I can do to prevent being moved against my will?

If you are 17 years old, under the law you are considered “Gillick competent” which means that the local authority’s children’s services are under a legal duty to consult with you in all decisions relating to you, and are required to take your wishes and feelings into consideration in such decision making.

If you have not been consulted in the decision to move you to another placement and there is no urgent reason for you to be moved and such a move is against your wishes, there are steps that you can take. You should urgently write a letter to the local authority’s children’s services department to complain that your wishes and feelings were not sought, nor considered, in the decision to move you.

You should also request that your current placement be frozen with immediate effect until the outcome of the complaint is determined. This will prevent any action being taken while your complaint is being reviewed. In addition, your letter of complaint can also request that a looked-after child review is held to assess your needs, and determine whether your current foster placement is successful in meeting those needs.