Child in Care Placed Far From Home? What Changed in 2026
Last updated: 9 November 2026 · Written by the family law paralegal team at Court Help Limited
In short: If you've got a child in care placed far from home, the law still says your council should keep them close where it reasonably can. Since 15 July 2026, ministers can direct councils in England to plan and buy care places together. That doesn't move any child or give you a new right.
Key facts | Details |
What changed | The Secretary of State can direct two or more councils in England to plan, commission and develop care places together, under what the law calls "regional co-operation arrangements". |
In force from | 15 July 2026 (SI 2026/803, regulation 3(b)) |
Where it applies | England only. Wales has its own social care law and this section doesn't apply there. |
The law | Children's Wellbeing and Schools Act 2026, section 12, which adds section 22J to the Children Act 1989 |
Who it affects | Councils in England directly. Children in care, parents, kinship carers and foster carers indirectly. |
Source checked | 9 November 2026 |
What was the law before?
Each council in England has its own duty to look after the children in its care and find them somewhere suitable to live. Under section 22G of the Children Act 1989, a council has to take steps, so far as reasonably practicable, to have enough accommodation in its own area for children it can't place with a parent and whose welfare allows them to live locally.
Councils could already team up if they chose to, and some have. Two pilot groups, in Greater Manchester and the South East, have been running since 2025 under the old law. What didn't exist was a specific power for ministers to tell councils they must do it.
What changed, and when?
Section 12 of the Children's Wellbeing and Schools Act 2026 added a new section 22J to the Children Act 1989. It came fully into force on 15 July 2026. Here's what it does, in plain terms.
The Secretary of State can now direct two or more councils in England to make regional co-operation arrangements. These can work in three ways: the councils do the job jointly, one council does it for the others, or a company or similar body supports them.
The job in question is what the Act calls "strategic accommodation functions". That means:
working out how many places children in care will need, now and in future
writing and publishing a plan to meet that need
commissioning, which means buying, places for children
recruiting and supporting council foster carers
developing new places where there aren't enough
Ministers can add other functions by regulations, but they have to consult first.
The Government's own policy notes describe the direction power as a last resort. When we checked on 9 November 2026 we couldn't find any published direction made under section 22J. So far as we can see, the regional groups have been set up by councils bidding to join, not by order.
Those groups are called Regional Care Cooperatives. On 8 July 2026 the Department for Education confirmed five new ones, in London, the North East, the East Midlands, the West Midlands and Cheshire and Merseyside. With the two pilots, that makes seven groups covering more than 100 councils.
Why is a child in care placed far from home?
There isn't one reason, and your child's social worker should be able to tell you the reason in your child's case. Sometimes a child has particular needs and the right foster carer or children's home is a long way off. Sometimes it's about safety, for instance where a child needs to be away from a certain area or person. And sometimes there just wasn't a suitable place nearer.
That last reason is what this change is aimed at. The Government says too many children in care are living in unsuitable settings far from home. Its policy notes explain that more than 150 councils are competing for places, and that their relatively small size can make it hard to forecast what they'll need or to buy specialist places well. The idea is that a bigger group can plan ahead and buy together.
Who does what under regional care arrangements
Regional group | Your child's own council |
Forecasts how many care places the region needs | Assesses your child's needs |
Publishes a regional plan | Makes the final decision about where your child lives |
Buys places from providers as one customer | Keeps your child's care plan |
Runs foster carer recruitment | Keeps its duty to have enough suitable places |
This split mostly comes from the Department for Education's guidance for Regional Care Cooperatives. If ministers ever made a direction under section 22J, or added to the list of functions, you'd need to check what that particular direction says.
What does this mean for you?
To be straight with you, the 2026 change to how care places are planned won't alter much day to day for most families yet. It doesn't move any child. It doesn't give you a right to have your child placed closer. And the people you deal with stay the same: your child's social worker and their council.
The rules that matter most to you are older, and they're still there. If you're a parent trying to understand a placement, these are the ones to know.
Family comes first. Under section 22C of the Children Act 1989, the council must try to have a child live with a parent or someone with parental responsibility, unless that wouldn't be consistent with the child's welfare or isn't reasonably practicable. If that can't happen, it must give preference to a relative, friend or other connected person who's a council foster carer. If that's you, our guide on support for kinship carers explains what your council has to publish.
Near home, where possible. So far as reasonably practicable, section 22C(8) says the placement should let the child live near home, avoid disrupting their education, and keep them with brothers and sisters who are also in care. It should also suit a disabled child's needs. Section 22C(9) says the placement should be in the council's own area unless that isn't reasonably practicable.
Senior sign-off for distant placements. Regulation 11 of the Care Planning, Placement and Case Review (England) Regulations 2010 says that placing a child outside the council's area needs approval from a nominated officer. If the placement isn't in a neighbouring council's area either, the director of children's services has to approve it. Before that, the child's relatives should be consulted where appropriate, and so should the independent reviewing officer. There are exceptions, including placements with a connected person and with the council's own approved foster carers, and emergencies are handled differently.
Your views count. Section 22(4) and (5) of the Children Act 1989 say that before deciding anything about a child it looks after, the council must, as far as it reasonably can, find out the wishes and feelings of the child and the parents, and give them due consideration. That doesn't mean you get the final say. If there's a care order in place, the council has parental responsibility alongside any parent who already has it, and it can make the decision.
What can you do if your child is moved far away?
Start in writing. It keeps things calm and gives you a record.
Ask the social worker why this placement was chosen, whether anywhere nearer was looked at, and how long it's expected to last.
Ask how contact will work in practice with the distance, including travel and who helps with it.
Write to the independent reviewing officer. Under section 25B of the Children Act 1989 their job includes monitoring how the council handles your child's case and taking part in reviews.
Raise it at the next review of your child's care plan. Bring dates and specific examples.
If you're still not satisfied, use the council's complaints procedure. Section 26(3) of the Children Act 1989 lets parents and anyone with parental responsibility make representations about how the council has handled things.
If care proceedings are still going on, tell your solicitor straight away, because the court has to consider the long-term part of the council's care plan before making a care order. Parents and others with parental responsibility can get legal aid without a means or merits test in care order cases. Our guide on interim care orders explains what can happen while a case is going on.
For example, if a father's two children go into foster care in different towns and one is a two-hour train ride away, he could ask in writing why they couldn't be placed together, what the plan is to bring them closer, and how often he'll see each of them. The same goes for a mother in that position, or a grandparent who's offered to care for them and been turned down.
The earlier a family speaks up, the better. If relatives might be able to help, say so early. A family group conference before care proceedings is one place to put a family plan forward, and special guardianship is one longer-term route.
Can I have contact with a child in care who's placed far away?
Yes, as a starting point. Under section 34 of the Children Act 1989, where a child is in care under a care order the council must allow reasonable contact with the parents and certain others. Distance doesn't cancel that duty, though it can affect how contact happens in practice.
If you can't agree what's reasonable, parents and others with parental responsibility can apply to the family court for a contact order. Anyone else, such as a grandparent, usually needs the court's permission first. Our guide on how to get contact with children in care goes through it. Legal aid for that kind of application is means and merits tested, unlike the care case itself. The council can refuse contact without a court order only if it's urgent, necessary for the child's welfare and for no more than seven days.
If your child is being looked after voluntarily, under section 20, rather than under a care order, section 34 doesn't apply, so it's worth getting advice on your own position.
Who does it affect?
Directly, section 22J only affects councils in England. Indirectly, it could affect any child in care, particularly those with more complex needs where places are hardest to find. It may also matter to foster carers, because recruiting and supporting them is one of the functions that can be shared. Care leavers have seen separate changes in the same Act, such as the rule on being found intentionally homeless.
Frequently asked questions
What is a Regional Care Cooperative?
A Regional Care Cooperative is a group of councils in England, working with partners such as health and youth justice services, that plans and buys care places for children across a region. Your child's own council stays responsible for their care plan and for the final decision on where they live.
Can I make the council move my child closer to home?
You can't insist on it, but you can ask, and the council has to consider your views. Section 22C of the Children Act 1989 says a placement should be near home so far as reasonably practicable. If you think the council hasn't looked at that properly, raise it with the independent reviewing officer and then complain.
Does a regional group decide where my child lives?
Not under the guidance so far. The Department for Education says councils stay responsible for assessing the child's needs and for final placement decisions. The regional group's role is to plan and buy the places.
Has my council been told to join?
Probably not by order. We couldn't find a published direction under section 22J on 9 November 2026. Your council may still have joined a regional group voluntarily, and you can ask it.
Does this apply in Wales?
No. Section 12 of the Children's Wellbeing and Schools Act 2026 applies to England only. Wales has its own social care law, and the placement rules described here are the English ones.
Can a child in care be placed in another part of the country?
Yes, it can happen, but section 22C of the Children Act 1989 says the placement should be in the council's area unless that isn't reasonably practicable. A placement outside the area generally needs senior approval under the Care Planning, Placement and Case Review (England) Regulations 2010, subject to some exceptions.
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. We can help you understand family court papers, get your documents in order and prepare for hearings, including care cases and applications about contact. In care proceedings you should have a solicitor, and legal aid is usually available for parents. Email help@incourt.co.uk or use the contact form on our website. You can read what our clients say in our Google reviews.
Related guides
Sources
All checked on 9 November 2026.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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