85 Children accommodated by health authorities and local education authorities.E+W
(1)Where a child is provided with accommodation [in England] by any [..., Special Health Authority,] ... [National Health Service trust] [or NHS foundation trust or by a local authority [in 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 [the appropriate officer of] the responsible authority.
(2)Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [the appropriate officer of] the responsible authority when they cease to accommodate the child.
[(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, [NHS England] or [an integrated care board] under the National Health Service Act 2006,
subsections (1) and (2) apply in relation to the Secretary of State, [NHS England] or (as the case may be) [the integrated care board] as if it were the accommodating authority.]
[(2A)In a case where the child is [provided 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.
[(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 [director of social services].]
(4)Where [the appropriate officer of a] [local 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)], [the 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.
[(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
Commencement Information