PART 6LOOKED AFTER AND ACCOMMODATED CHILDREN

Accommodation duties

I177Accommodation for children in police protection or detention or on remand etc

1

A local authority must make provision for the reception and accommodation of children who are removed or kept away from home under Part 5 of the Children Act 1989.

2

A local authority must receive, and provide accommodation for, children—

a

in police protection whom it is requested to receive under section 46(3)(f) of the Children Act 1989;

b

whom it is requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;

c

with respect to whom it is the designated authority and who are—

i

remanded to accommodation provided by or on behalf of a local authority by virtue of F3paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc of referral orders and reparation orders);

ii

remanded to accommodation provided by or on behalf of a local authority by virtue of F1paragraph 25 of Schedule 7 to that Code (breach etc of youth rehabilitation orders);

iii

remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);

iv

the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering.

F73

In subsection (2)—

  • “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

  • “youth rehabilitation order” has the meaning given by section 173 of that Code;

  • “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.

4

Subsection (5) applies where—

a

a child has been—

i

removed under Part 5 of the Children Act 1989, or

ii

detained under section 38 of the Police and Criminal Evidence Act 1984, and

b

the child is not being provided with accommodation—

i

by a local authority F4or local authority in England, or

ii

in a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or otherwise made available pursuant to arrangements made by a Local Health Board, an NHS Trust, an NHS Foundation Trust, the Welsh Ministers, the Secretary of State, F2NHS England or F6an integrated care board.

5

Any reasonable expenses of accommodating the child are recoverable from the local authority F5or local authority in England in whose area the child is ordinarily resident.