Children Act 1989 (c. 41)

Part XIIU.K. Miscellaneous and General

Notification of children accommodated in certain establishmentsE+W

85 Children accommodated by health authorities and local education authorities.E+W

(1)Where a child is provided with accommodation [F1in England] by any F2[F3..., Special Health Authority,] F4... [F5National Health Service trust] [F6or NHS foundation trust or by a local authority [F7in England] in the exercise of education functions] (“the accommodating authority”)—

(a)for a consecutive period of at least three months; or

(b)with the intention, on the part of that authority, of accommodating him for such a period,

the accommodating authority shall notify [F8the appropriate officer of] the responsible authority.

(2)Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [F9the appropriate officer of] the responsible authority when they cease to accommodate the child.

[F10(2ZA)Where a child is provided with accommodation—

(a)by a body which is not mentioned in subsection (1), and

(b)pursuant to arrangements made by the Secretary of State, [F11NHS England] or [F12an integrated care board] under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, [F11NHS England] or (as the case may be) [F13the integrated care board] as if it were the accommodating authority.]

[F14(2A)In a case where the child is [F15provided with accommodation in England by a local authority in England] in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.]

(3)In this section “the responsible authority” means—

(a)the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or

(b)where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.

[F16(3A) In this section and sections 86 and 86A “ the appropriate officer ” means—

(a)in relation to a local authority in England, their director of children's services; and

(b)in relation to a local authority in Wales, their [F17director of social services].]

(4)Where [F18the appropriate officer of a] [F19local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)], [F20the local authority] shall—

(a)take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and

(b)consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

[F21(5)For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.]

Textual Amendments

F1Words in s. 85(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(i)

F2Words in s. 85(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(ii)

F3Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)

F4Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F5Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)

F6Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)

F7Words in s. 85(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(iii)

F8Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F9Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F10S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F11Words in s. 85 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)