Local Authority's Sufficiency Duty - Accommodation for Looked After Children

1. Introduction

The sufficiency duty is a statutory requirement under Section 22G of the Children Act 1989, obliging local authorities to take steps to secure sufficient accommodation within their area for looked-after children. This document provides guidance on fulfilling the duty effectively, with a focus on the best interests of the child, practical considerations, and compliance with relevant statutory and regulatory frameworks.

2. Key Principles

1. Child-Centred Approach: The child’s welfare, safety, and individual needs must be prioritised in all placement decisions.
2. Proximity: As far as reasonably practicable, children should be placed near their home, family, and school to maintain stability.
3. Suitability: Placements should be tailored to the specific needs of each child, including those with complex or multiple needs.
4. Reasonably Practicable: Local authorities must balance the availability of local resources with the best interests of the child when making placement decisions.

3. Factors to Consider in Placement Decisions

3.1 Best Interests of the Child

• Emotional, physical, and psychological needs.
• Connections with family and friends, where appropriate.
• Stability and continuity in education.

3.2 Local Market Conditions

• Availability and capacity of local foster care, residential homes, and other accommodation options.
• Strategies to stimulate and manage the local market to meet demand.

3.3 Complex Needs

For children with multiple or complex needs:

• Engage specialised providers to ensure child focused care.
• Collaboration between health, education, and social care to address multifaceted requirements.

How local authorities and children’s homes can achieve stability and permanence for children with complex needs - GOV.UK

Good decisions: children with complex needs in children's homes - GOV.UK

4. Demonstrating Sufficiency

Local authorities must demonstrate compliance with the sufficiency duty through:

1. Needs Assessment: Conducting regular assessments to identify the volume and nature of demand for local placements.
2. Planning and Forecasting: Developing strategic plans that include forecasting future demand.
3. Market Management: Proactively engaging with local care providers to ensure adequate supply.
4. Monitoring and Reporting: Implementing tools to monitor placement outcomes and compliance with statutory requirements.

5. Multi-Agency Collaboration

Working Together is essential to:

• Share insights on the needs of children in care;
• Coordinate resources to provide holistic care;
• Develop joint strategies for placement sufficiency.

Working together to safeguard children - GOV.UK

6. Additional Guidance

6.1 Addressing Complex Needs

• Ensure staff and providers are trained to support children with diverse needs, including physical disabilities, mental health challenges, and emotional and behavioural issues;
• Provide access to specialist resources and therapeutic interventions.

6.2 Managing Local Markets

• Build long-term relationships with providers to foster trust and collaboration;
• Offer incentives to encourage providers to expand capacity in high-demand areas.

7. Accountability and Evidence

Local authorities must maintain clear records and evidence to demonstrate how they fulfil the sufficiency duty, including:

• Documenting placement decisions and justifications;
• Reporting on outcomes for children in care;
• Providing data to Ofsted and other regulatory bodies.

8. Resources

For further information, refer to the Ofsted guidance on sufficiency duty attached below:

Sufficiency: Statutory guidance on securing sufficient accommodation for looked after children

This publication provides detailed recommendations and benchmarks for local authorities.

9. Review and Update

This guidance will be reviewed regularly to ensure alignment with legislative changes and emerging best practices.

Glossary of Key Terms

• Sufficiency Duty: The obligation to ensure adequate accommodation for looked-after children.
• Reasonably Practicable: Balancing the feasibility of securing local placements with the best interests of the child.
• Complex Needs: A term referring to children requiring specialized care due to physical, emotional, or psychological challenges.