The Child Trust Funds Regulations 2004

Information about “looked after children” from Local Authorities U.K.

33.—(1) In this regulation—

“local authority” includes an authority within the meaning of the Children (Northern Ireland) Order 1995 M1 ;

“looked after and accommodated child”, in Scotland, means a child who is—

(a)

both looked after, and provided with or placed in accommodation, by a local authority within the meaning of those expressions in Part 2 of the Children (Scotland) Act 1995 M2 , or

(b)

accommodated by a local authority under section 22 of that Act,

and related expressions shall be construed accordingly;

“looked after child”—

(a)

in England and Wales, has the meaning in section 22(1) of the Children Act 1989 M3 , extended to include a child accommodated by a local authority under section 17 of that Act, and

(b)

in Northern Ireland, means a child accommodated under Part 4 of the Children (Northern Ireland) Order 1995,

and related expressions shall be construed accordingly;

“return period” means a period—

(a)

beginning on the day immediately succeeding the appointed day, and ending one month after the appointed day, and

(b)

each succeeding period of one month.

(2) Within one month of the appointed day, every local authority shall deliver by means of electronic communications to the Board, a return in a form specified by the Board, which contains the information in paragraph (3) for every child who was—

(a) looked after (in Scotland, looked after and accommodated) by the authority on the appointed day, and

(b) born after 31st August 2002,

or a return stating that there were no such children.

(3) The information in this paragraph is a statement (prepared separately for each child) of—

(a) the name of the local authority,

(b) its address,

(c) the unique identifier for the local authority,

(d) the name of the local authority officer responsible for the return,

(e) the child’s full name, sex and date of birth,

[F1 (ea) the full name and address of the child’s mother, if known (or failing that, the same information for the child’s father, if known), unless the local authority considers the child’s situation to be particularly sensitive;]

[F2 (f) whether the local authority has information that the child is or may be a person subject to immigration control (within the meaning in section 115(9) of the Immigration and Asylum Act 1999), and the nature of that information,] and

(g) either—

(i) the full name and address of an individual who has parental responsibility (in Scotland, parental responsibilities) in relation to the child, or

(ii) if paragraph (i) is considered inappropriate, a correspondence address for the child.

(4) Within [F3 ten] days of the end of each return period, every local authority shall deliver by means of electronic communications to the Board a return for that period in a form specified by the Board, covering every child—

(a) born after 31st August 2002, and

(b) who during that period has become a child looked after (in Scotland, looked after and accommodated) by that authority, for the first time since the appointed day,

or a return stating that there were no such children.

(5) After 31st August 2009, the return in paragraph (4) shall in addition cover every child who was looked after (in Scotland, looked after and accommodated) on his 7th birthday.

(6) The return in paragraph (4) shall consist of a statement (prepared separately for each child) of—

(a) the information in paragraph (3),

(b) the date on which the child first became a child looked after (in Scotland, looked after and accommodated) by that authority,

(c) where the child has also died during that period, the name and address of his personal representatives[F4 ,

and where sub-paragraph (c) applies, the local authority shall also send a copy of the death certificate (or other documentary evidence of death) to the Board by post.]

[F5 (7) As an alternative to delivering the return required by paragraph (2) by means of electronic communications, the local authority may (until this paragraph is revoked) send the return to the Board by registered post.]

[F6 (8) Regulations 34 and 35 shall apply to local authorities, as if, in those regulations, for—

(a) “relevant person” there were substituted “local authority”; and

(b) references to an account or account investments there were substituted references to returns, forms or children mentioned in this regulation and regulation 33A,

so far as the Board may reasonably require information to be provided or records to be made available for the purposes of this regulation and regulation 33A.]

Textual Amendments

F1 Reg. 33(3)(ea) inserted (31.10.2006) by The Child Trust Funds (Amendment No. 2) Regulations 2006 (S.I. 2006/2684), regs. 1, 3

F2 Reg. 33(3)(f) substituted (6.4.2010) by The Child Trust Funds (Amendment) Regulations 2010 (S.I. 2010/582), regs. 1, 15

F3 Word in reg. 33(4) substituted (31.10.2006) by The Child Trust Funds (Amendment No. 2) Regulations 2006 (S.I. 2006/2684), regs. 1, 4

F4 Words in reg. 33(6) added (6.4.2005) by The Child Trust Funds (Amendment) Regulations 2004 (S.I. 2004/2676), regs. 1, 14(a)

F5 Reg. 33(7) added (6.4.2005) by The Child Trust Funds (Amendment) Regulations 2004 (S.I. 2004/2676), regs. 1, 14(b)

F6 Reg. 33(8) added (6.4.2005) by The Child Trust Funds (Amendment No. 2) Regulations 2004 (S.I. 2004/3382), regs. 1, 4

Marginal Citations

M1 S.I. 1995/755 (N.I. 2).

M2 1995 c. 36.

M3 1989 c. 41.