Looked after children have the same rights as every child to be healthy, remain safe, enjoy and achieve, make a positive contribution to society and achieve economic well-being.

The educational achievement of looked after children remains lower than their peers and as a result the Children Act 1989 (as amended by the Children Act 2004) places a duty on local authorities to promote the educational requirements of looked after children, including those placed out-of-authority.  For example, local authority should monitor and identify additional support to promote the educational progress of their looked after children placed out of authority. Local authorities may also request help from one another and from health bodies in other local areas to fulfil their function in respect of the children for whom they are responsible. The detailed arrangements in place for discharging the duty will depend on local structures and Children and Young people’s Care Plans.

Discharging the duty on a day-to day basis means that the local authority should at least do what any good parent would do to promote their child’s educational aspirations and support their educational achievements.

The information below explores the duties placed on Local Authorities in relation to the education of a looked after child.  This is not a definitive statement of the law around education of looked after children however and users also should refer to government advice and guidance or seek legal advice for specific issues. We have put a list of useful resources at the end of this item.

Special Educational Needs and Disability (SEN/D)

Glossary of Terms Regarding SEN/D

Clinical Commissioning Group (CCG): group of professionals that work together to commission services, ensuring there is sufficient capacity contracted to deliver necessary services to people.

Independent supporter: person recruited by a voluntary or community sector organisation to help families going through an EHC needs assessment and the process of developing an EHC plan. This person is independent of the local authority and will receive training, including legal training, to enable them to provide this support.

Keyworker: person providing single point of contact to young people and parents/carers to ensure the support received is co-ordinated.

Mainstream school: primary or secondary school providing education for all children.

Parent Carer Forum:  representative local group of parents and carers of disabled children who work with local authorities, education, health and other providers to make sure the services they plan and deliver meet the needs of disabled children and families.

Reasonable adjustments: changes schools and other settings are required to make; for example creating ramps for children to enter classrooms or provision of extra support and aids such as specialist teachers or equipment.

Special Educational Needs Co-ordinator (SENCO): a qualified teacher in a school or nursery who has responsibility for co-ordinating the special educational needs provision.

Statutory Guidance: local authorities and other local bodies have a legal duty to follow the guidance.