The Children (Northern Ireland) Order 1995

Accommodation and maintenance for children N.I.

27.—(1) Every authority looking after a child shall—

(a) when he is in the care of the authority, provide accommodation for him; and

(b) maintain him in other respects apart from providing accommodation for him.

(2) An authority shall provide accommodation and maintenance for any child whom it is looking after by—

(a) placing him (subject to paragraph (5) and any regulations made by the Department) with—

(i) a family;

(ii) a relative of his; or

(iii) any other suitable person,

on such terms as to payment by the authority and otherwise as the authority may determine;

[F1 (aa) maintaining him in an appropriate children's home;]

(f) making such other arrangements as—

(i) seem appropriate to the authority; and

(ii) comply with any regulations made by the Department.

(3) Any person with whom a child has been placed under paragraph (2)(a) is referred to in this Order as an authority foster parent unless he falls within paragraph (4).

(4) A person falls within this paragraph if he is—

(a) a parent of the child;

(b) a person who is not a parent of the child but who has parental responsibility for him; or

(c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.

(5) Where a child is in the care of an authority, it may only allow him to live with a person who falls within paragraph (4) in accordance with regulations made by the Department.

(6) For the purposes of paragraph (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours.

(7) Subject to any regulations made by the Department for the purposes of this paragraph, any authority looking after a child shall make arrangements to enable him to live with—

(a) a person falling within paragraph (4); or

(b) a relative, friend or other person connected with him,

unless that would not be reasonably practicable or consistent with his welfare.

(8) Where an authority provides accommodation for a child whom it is looking after, the authority shall, subject to the provisions of this Part and so far as is reasonably practicable and consistent with his welfare, secure that—

(a) the accommodation is near his home; and

(b) where the authority is also providing accommodation for a sibling of his, they are accommodated together.

(9) Where an authority provides accommodation for a child whom it is looking after and who is disabled, the authority shall, so far as is reasonably practicable, secure that the accommodation is not unsuitable to his particular needs.

[F1 (10) In this Order "appropriate children's home" means a children's home in respect of which a person is registered under Part III of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.]

F1 2003 NI 9