The Children (Northern Ireland) Order 1995

Provision of accommodation for children: general N.I.

21.—(1) Every authority shall provide accommodation for any child in need within its area who appears to the authority to require accommodation as a result of—

(a) there being no person who has parental responsibility for him;

(b) his being lost or having been abandoned; or

(c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.

(2) Where an authority provides accommodation under paragraph (1) for a child who is ordinarily resident in the area of another authority, that other authority may take over the provision of accommodation for the child within—

(a) three months of being notified in writing that the child is being provided with accommodation; or

(b) such other longer period as may be prescribed.

(3) Every authority shall provide accommodation for any child in need within its area who has reached the age of 16 and whose welfare the authority considers is likely to be seriously prejudiced if it does not provide him with accommodation.

(4) An authority may provide accommodation for any child within the authority's area (even though a person who has parental responsibility for him is able to provide him with accommodation) if the authority considers that to do so would safeguard or promote the child's welfare.

(5) An authority may provide accommodation for any person who has reached the age of 16 but is under 21 in any home provided under Part VII which takes children who have reached the age of 16 if the authority considers that to do so would safeguard or promote his welfare.

(6) Before providing accommodation under this Article, an authority shall, so far as is reasonably practicable and consistent with the child's welfare—

(a) ascertain the child's wishes [F1 and feelings] regarding the provision of accommodation; and

(b) give due consideration (having regard to his age and understanding) to such wishes [F2 and feelings] of the child as the authority has been able to ascertain.

F1 Words in art. 21(6)(a) inserted (1.4.2024) by Adoption and Children Act (Northern Ireland) 2022 (c. 18), ss. 120(2), 160(1); S.R. 2024/30, art. 2(c)

F2 Words in art. 21(6)(b) inserted (1.4.2024) by Adoption and Children Act (Northern Ireland) 2022 (c. 18), ss. 120(2), 160(1); S.R. 2024/30, art. 2(c)

Modifications etc. (not altering text)

C1 Art. 21(5) applied (10.12.2015) by Children’s Services Co-operation Act (Northern Ireland) 2015 (c. 10), ss. 9(2)(a), 10(1)