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Local Authority's Sufficiency Duty - Accommodation for Cared For Children

Local Authority's Sufficiency Duty - Accommodation for Cared For Children

1. What is the Sufficiency Duty?

Each Local Authority providing children's services must now take steps that secure, so far as reasonably practicable, sufficient accommodation within its area to meet the needs of children that it is looking after and children whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation in the local authority area. This is referred to as 'the sufficiency duty'.

The sufficiency duty, therefore, applies in respect of all children who are cared for or care experienced. However, it also applies to children in need who are at risk of care or custody (sometimes referred to as children 'on the edge of care').  Securing sufficient homes to meet the needs of cared for, care experienced and separated young people is a vital step in delivering improved outcomes. It can be best achieved through a step change in commissioning practice across all services which contribute to improving outcomes for cared for or care experienced young people who are in need, who are at risk of care or custody. This is inclusive of internal growth and development. Securing sufficient accommodation requires a whole system approach which delivers early intervention and preventative services to support children in their families as, well as better services for children if they need to be cared for outside of their birth family.

When assessing “sufficiency,” Cumberland Council considers the condition of the local market (which will include the level of demand for the specific types of provision locally) and the amount and type of supply that currently exists. We also consider the capacity, quality and suitability of all providers and unique challenges to Cumberland both in relation to its demographic and location.

Sufficiency covers a wide range of areas within children services, and it is important that key partners, carers, children, young people, and providers are all invested into improving systems and services and ultimately, positive outcomes for the families, children and young people in Cumberland. Regular collaboration Market engagement events will therefore remain key in the successful delivery of this strategy.

2. The Most Appropriate Home

When determining the most appropriate home for a child, section 22C(7)(a) also requires the local authority to give preference to a home with a relative, friend or other person connected with the child and who is also a local authority foster parent.

Section 22C sets out the additional factors (in no order of priority) which the local authority must take into consideration when deciding the most appropriate choice:

  • Allowing the child to live near his/her home;
  • Not disrupting the child’s education or training;
  • Enabling the child and their cared for sibling to live together;
  • Meeting the needs of disabled children;
  • Providing accommodation within the local authority’s area, unless that is not reasonably practicable.

There is no order of priority within the categories listed above. All of these are factors that have to be taken into account. For example, if accommodating a child within their area conflicted with accommodating them near home or with a sibling, or which disrupted their education, the local authority could justify accommodating the child out of area if this met their needs more effectively than a home within the area.

For the majority of cared for children, the 'most appropriate home' will be within the local authority area however, children should not be moved from out of authority homes for the sole purpose of meeting the sufficiency duty if their needs are being met by the existing range of services. 

For those children who require highly specialist services, or children for whom there is a safeguarding issue, it may be more appropriate for them to live in a neighbouring local authority area.

When making decisions about the most appropriate homes for children requiring more specialised provision, the issue of proximity to the home area must be considered, alongside the other factors set above. Wherever possible, children requiring such provision should be accommodated as close to their existing family networks and support systems as is possible and appropriate.

If challenged by a child, family, social worker, children's guardian, independent reviewing officer (IRO) or other advocate, a local authority should be in a position to demonstrate how, working with its partners (voluntary community sector, police, education & health services), it has done all that is reasonably practicable to secure the most suitable home.

2.1 Additional Considerations Where a Child Has Multiple Needs

"How Local Authorities and Children’s Homes Can Achieve Stability and Permanence for Children with Complex Needs" (Ofsted) defines children with complex needs as children who have multiple needs of different types and require care and support from a multi-agency team. These are typically children with severe mental health issues or those children who present with behaviours that challenge or put others at risk.  The national picture shows that these children are often not accommodated in suitable homes, for example without any therapy, a long way from their families, or living alone in homes which can leave them isolated and vulnerable.

The following good practice guidance was identified which looks at the following;

  • What are the child’s needs and preferences such as how the move will take place, timeframes, who will support with this;
  • Staff and management should have appropriate skills to meet the child’s needs;
  • Providing consistency, through relationships, education and other activities such as continuing at their school, working with the virtual school head, maintaining contact and support from family;
  • Getting children access to the right services and placements such as specialist services; and
  • Facilitating a sense of belonging for the child, through helping them understand that staff will not give up on them and that this is their long-term home;
  • Capturing and implementing children’s views on their care.

Consideration needs to be given to the number of staff needed for that child and how the multi-agency team interact and support the child for example direct or indirect contact, who is the coordinator.

It is also important to take a long-term view and address issues of dependency due to the number of adults in the child’s life and how independence and moving forward can be addressed. Consideration should also be given to whether having a child living alone in a home meets their needs or are we restricting opportunities for them socially and in terms of their future development.

Despite what many providers think, caring for children with complex needs does not affect Ofsted inspection outcomes. The effectiveness of providers’ work with partners to achieve greater stability for children, especially for those at most risk of instability and uncertainty in their lives, will be central to the Ofsted Inspection (see Setting up provision for children with the most complex needs – Ofsted Blog).

Ofsted have set up a pre-registration online advice form so that providers and commissioners can ask for advice and ask questions before offering this service. Please see: Pre-application advice on caring for children with complex needs (Ofsted).

3. How can 'Reasonably Practicable' be Assessed?

The sufficiency duty is a general duty that applies to strategic arrangements rather than to the provision of accommodation for a particular individual child. Local authorities must be able to show that, at strategic level they are taking steps to meet the sufficiency duty, so far as is 'reasonably practicable'.

It should not be assumed that it is 'not reasonably practicable' to secure appropriate accommodation simply because it is difficult to do so, or because the authority does not have the resources to do so. Any constraining factors should not be taken as permanent constraints on the local authority's requirements to comply with the sufficiency duty.

In assessing whether they are doing all that is 'reasonably practicable' to secure sufficiency, there are a number of factors which local authorities, working with relevant partners (voluntary community sector, police, education & health services), may wish to take into account, for example:

  • Current progress within an effective, phased programme to meet the sufficiency duty;
  • The number of children for whom a local home is not consistent with their needs and welfare;
  • The extent to which local universal services meet needs;
  • The state of the local market for accommodation, including the level of demand in a particular locality and the amount and type of supply that currently exists;
  • The degree to which they are actively managing this market;
  • The resources available to, and capabilities of, accommodation providers (where 'resources' means not just the available funding but also staff and premises, and 'capabilities' includes experience and expertise); and
  • Local Authority resources, capabilities and overall budget priorities.

Last Updated: August 18, 2025

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