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Children Act 1989

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Changes over time for: Section 85

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Children Act 1989, Section 85 is up to date with all changes known to be in force on or before 05 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

85 Children accommodated by health authorities and local education authorities.E+W

(1)Where a child is provided with accommodation [F1in England] by any F2[F3..., Special Health Authority,] F4... [F5National Health Service trust] [F6or NHS foundation trust or by a local authority [F7in England] in the exercise of education functions] (“the accommodating authority”)—

(a)for a consecutive period of at least three months; or

(b)with the intention, on the part of that authority, of accommodating him for such a period,

the accommodating authority shall notify [F8the appropriate officer of] the responsible authority.

(2)Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [F9the appropriate officer of] the responsible authority when they cease to accommodate the child.

[F10(2ZA)Where a child is provided with accommodation—

(a)by a body which is not mentioned in subsection (1), and

(b)pursuant to arrangements made by the Secretary of State, [F11NHS England] or [F12an integrated care board] under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, [F11NHS England] or (as the case may be) [F13the integrated care board] as if it were the accommodating authority.]

[F14(2A)In a case where the child is [F15provided with accommodation in England by a local authority in England] in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.]

(3)In this section “the responsible authority” means—

(a)the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or

(b)where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.

[F16(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 [F17director of social services].]

(4)Where [F18the appropriate officer of a] [F19local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)], [F20the local authority] shall—

(a)take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and

(b)consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

[F21(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.]

Textual Amendments

F3Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)

Commencement Information

I1S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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