Family President issues revised practice guidance on approach of court to unregistered placements

The President of the Family Division, Sir Andrew McFarlane, has published updated guidance on the Court’s approach to unregistered placements for children and young people.

The September 2023 Guidance replaces the 2019 Practice Guidance, which sets out the steps that judges were encouraged to take in respect of establishing whether a placement was registered, and if not, in the process towards registration.

The Family President notes that this process places “very considerable burdens” on the court system and is not part of the Court’s functions.

The new guidance suggests that when considering a DoL application, the courts should enquire into whether the proposed placement is registered or unregistered.

If it is unregistered, it should enquire as to why the local authority considers an unregistered placement is in the best interests of the child.

The Guidance adds that the court may order the local authority to inform Ofsted / the Care Inspectorate Wales within 7 days if it is placing a child in an unregistered placement.

On the withdrawal of the 2019 Guidance, Sir Andrew emphasised that it does not mean there are not usually “great benefits” for the child or young person in being placed in a registered rather than unregistered placement.

He added: “The regulatory regime provides very considerable safeguards for the child. This revised Guidance does not detract from that principle. However, the Court should restrict its considerations and orders to its own functions.”

Lottie Winson