Skip to content
Company Logo

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

Related guidance

Amendment

In October 2025, in Section 3.3, Complex Needs, information was added about how to access pre-application advice on caring for children with complex needs (Ofsted). If you are thinking about opening a children’s social care service for children with complex needs.

October 2, 2025

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.

  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.
  • Emotional, physical, and psychological needs.
  • Connections with family and friends, where appropriate.
  • Stability and continuity in education.
  • Availability and capacity of local foster care, residential homes, and other accommodation options;
  • Strategies to stimulate and manage the local market to meet demand.

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.

Please note that taking children with complex needs into children’s homes does not affect their 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. (Setting up provision for children with the most complex needs – Ofsted Blog).

Ofsted has 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).

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)

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.

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

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

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.

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

Sufficiency: Statutory guidance on securing sufficient accommodation for cared-for children

This publication provides detailed recommendations and benchmarks for local authorities.

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

  • 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 specialised care due to physical, emotional, or psychological challenges.

Last Updated: October 2, 2025

v22