Children and Young Persons Act 2008

17 Children in long-term care: notification to appropriate officer etc E+W

(1) Section 85 of the 1989 Act (children accommodated by health bodies or local education authorities) is amended in accordance with subsections (2) to (5).

(2) In each of subsections (1) and (2), after “notify” insert “ the appropriate officer of ”.

(3) After subsection (3) insert—

“(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 lead director for children and young people's services.”

(4) In subsection (4)—

(a) for “a local authority have” substitute “ the appropriate officer of a local authority has ”; and

(b) for “they”, where it first occurs, substitute “ the local authority ”.

(5) After that subsection add—

“(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.”

(6) Section 86 of the 1989 Act (children accommodated in care homes or independent hospitals) is amended in accordance with subsections (7) to (10).

(7) In subsection (1)—

(a) for the words “the home”, in the first place where they occur, substitute “ the establishment in question ”;

(b) after “notify” insert “ the appropriate officer of ”; and

(c) for the words “the home”, in the second place where they occur, substitute “ the establishment ”.

(8) In subsection (2)—

(a) for “the home”, in both places, substitute “ the establishment ”; and

(b) after “notify” insert “ the appropriate officer of ”.

(9) In subsection (3)—

(a) for “a local authority have” substitute “ the appropriate officer of a local authority has ”;

(b) for “they”, where it first occurs, substitute “ the local authority ”; and

(c) in paragraph (a), for “the home” substitute “ the establishment in question ”.

(10) In subsection (4) for “home” substitute “ care home or independent hospital ”.

Commencement Information

I1 S. 17 in force at 1.4.2011 by S.I. 2010/2981, art. 2(a)