Guidance on accommodating children in need and their families

Early in 1st grade, Hector participated in a new behavioral program to address his sudden mood swings and frequent arguments and fights – both during class and on the playground.

His teacher taught Hector specific social skills to improve his competence in such areas as answering questions, controlling his anger, and getting along with others.

Hector was appropriately engaged and worked hard to complete his academic assignments each day. Rather than respond impetuously, Hector kept his temper and played cooperatively with the other children.

No longer viewed as a disruptive student, Hector, and his family, now looks forward to a bright future with realistic hopes for continued success and high achievement in 2nd grade and beyond.

The Local Authority should then use the findings of this assessment to determine whether the child should be provided with accommodation under Section 20 of the Children Act 1989 or be provided with other types of services provided under Section 17 of the same Act.

he or she will not be a Looked After Child under the meaning of section 22 of that Act.

These duties apply to Children upon arrival in the UK (England and Wales specifically) and therefore I am unaware of any reason why these duties and post 18 year old duties would cease by mere dint of the Children being dispersed to Scotland.

Behre & Ors, R v Hillingdon London Borough Council [2003] EWHC 2075 (Admin)(HC) confirmed that UASC under 18 should be accommodated as looked after children under s20 of the Children Act 1989."

Where the concerns are sufficiently serious, the Local Authority must carry out an initial assessment within seven working days.

A Local Authority should undertake an assessment as set out in the Framework for the Assessment of Children in Need and their Families.

They cannot in the same breath be put back into priority need by adjudging that they do not require accommodation at all when clearly they do. The only way to break out of that circle (recognised by Anthony Edward-Stuart QC, sitting as a deputy High Court judge in R (A) v Coventry City Council [2009] EWHC 34 (Admin)) is to read into section 20(1) the words “under this section” after “requires accommodation".

Put another way, the question would then become, not “does this child require accommodation for one of the listed reasons?

Search for guidance on accommodating children in need and their families:

guidance on accommodating children in need and their families-65

One of the person's in your authority who may be able to support responses to this request is the author off the above letter, a John Donaldson, the of your Head of Immigration & Emergency Services.

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