Children / Young People in Care (looked after)

Each UK nation has a slightly different definition of a looked after child and follows its own legislation, policy and guidance. But in general, looked after children are:

• living with friends or relatives, through kinship foster care
• living with foster parents/ carers
• living in a residential children’s home
• living in residential settings like schools, secure units or semi-independent living accommodation.

A child stops being ‘looked after’ when they are adopted, return home or turn 18. However local authorities in all the UK are required to support children leaving care at 18 until they are at least 21 but the young person can ask to be supported until 25.  This may involve them continuing to live with their foster family.

Not all children in the care of someone other than their parents have ‘looked after’ status. For example, they may be in private kinship care or cared for under a special guardianship order. Or on occasions 16-17 years olds they may be supported within section 17 of the Children Act 1989, so they are given accommodation without the need for care from the local authority.

Private kinship care is an arrangement made directly between the parent(s) and the relative, friend or connected person, without the involvement of the local authority.

Special guardianship is when a local authority places a child or young person to live with someone other than their parent(s) on a long-term basis. There can be different arrangements made within special guardianship orders. It aims to provide more security than long-term fostering for children where adoption is not the best option. Special guardianship orders are not available in Scotland.

There are a variety of reasons why children and young people enter care.

• Children’s services may have intervened because they felt the child was at significant risk of harm. If this is the case the child is usually the subject of a court-made legal order.
• The child’s parents might have agreed to this – for example, if they are too unwell to look after their child or if their child has a disability and needs respite care.
• The child could have been lost, abandoned or there may be no one with parental responsibility available to care for them; as is the case for unaccompanied asylum-seeking children.
• The child may have been charged with a criminal offence and temporarily placed on remand in the care of the local authority.

Section 9.38 –

Local authorities should be particularly aware of the need to avoid any delays for looked after children and carry out the EHC needs assessment in the shortest possible timescale. Addressing a looked after child’s special educational needs will be a crucial part of avoiding breakdown in their care placement.

When carrying out an EHC needs assessment the Local Authority must seek information from Social Care which if appropriate, will include child in need or child protection assessments and include information from the looked after child’s care plan, and for a young person over 18 an adult social care assessment.  If such assessments have been carried out, information from these will be added into the EHC needs assessment.

Every school has a Designated Teacher (DT) whose responsibilities in the school include promoting educational achievements of looked after and previously looked after children on the school roll. The DT can be contacted to offer additional or specific advice and sometimes, may become the main point contact. The guidance states they should work to promote a whole school culture where the needs of looked after and previously looked after children’s personal, emotional and academic needs are prioritised. DT’s can help teachers to understand the needs of each child and ensure that they are supported appropriately.

Headteachers should where possible, avoid permanent exclusion for a child in care or previously looked after or who has SEN or an EHC plan.

Where a looked-after child is at risk of either fixed term or permanent exclusion, the designated teacher should contact the relevant authority’s Virtual School Head (VSH) as soon as possible so they can help the school decide how to support the child to improve their behaviour and avoid exclusion becoming necessary. 

The designated teacher, working with the VSH and the child’s carers, should consider what additional assessment and support (such as additional help for the classroom teacher or one-to-one therapeutic work) needs to be put in place to address the causes of the child’s behaviour and prevent the need for exclusion. 

Since 2013 Children of school age (reception to year 11), who meet the criteria to be classified as looked after children or previously looked after are eligible to receive LAC Pupil Premium funding or Post LAC Pupil Premium funding. During 2024-2025 this is £2570. This money cannot be paid retrospectively and can only be paid from the point a child’s status is recorded by their school. No money is retained by the local authority and the school will receive the full amount directly into the school budget. The school will decide how best to use this funding.

The following DfE documents may helpful:

• Pupil premium: overview – GOV.UK (www.gov.uk)
• DfE Pupil Premium: Conditions of Grant 2024 to 2025.
• Adoption UK Introduction to PP+ leaflet
• Promoting the education of looked-after and previously looked-after children – GOV.UK (www.gov.uk)
• Designated teacher for looked-after and previously looked-after children – GOV.UK (www.gov.uk)

The parent/guardian should let the school know and show evidence to the school of their child’s eligibility. This could include a letter from their local authority advising of their previously LAC status, a copy of their SGO or adoption order. Sensitive information can be blanked out and will be accepted. School will keep a copy of this evidence and will then record their LAC or Post LAC status in their school census. Children who are recorded on the January census will then become eligible for the funding from the April of that year. Evidence should not need to be declared again, unless the child moves to another school.

It is good practice for schools to work in partnership with parent carers to have clear processes in place and consider that funding should be used to improve the educational and personal outcomes of children who have previously been looked after. Talking about the LAC plan for children currently looked after, or the EPPLAC (Education Plan for Previously Looked After Children) in meetings with the Designated Teacher is a very useful and effective way of discussing the progress and needs of the child as well as discussing (if appropriate) the use of Pupil Premium funding. Designated Teachers find it an effective way of understanding individual’s needs; using these findings to plan for future training, interventions or resources needed within school.

It is important to know this money is not ringfenced and the school do not have to spend it on every LAC or Post LAC child they have in school. Rather, they need to consider how they can best use the money to have maximum effect, which could include things like training staff in recognising and responding to attachment related issues, additional 1:1 support in core subjects if a child has fallen behind or a contribution towards an enrichment activity to support social development. In some circumstances a child may require additional funding, maybe due to their SEND needs. This would mean funding is requested through a different route too. Having the ability to decide how best to use the funding means that schools can be flexible in meeting every child’s needs. However, the role of parents and guardians in their child’s education is seen as crucial and the Department for Education (DfE) would expect schools to engage with them about their child’s education. This is particularly important where the child’s history may be affecting their progress, but the school is not aware of the situation.

The Early Years Pupil Premium (EYPP) gives providers additional funding to support children who have been disadvantaged to access an entitlement place.

Once the child enters Reception, they will no longer be eligible for EYPP, but the school will be able to access the pupil premium funding for previously looked after children, providing they have identified them on the October census.

For more information please visit DfE Early years entitlements: local authority funding operational guide 2024 to 2025 and DfE Get Extra Funding for Your Early Years Provider