Part XII Miscellaneous and General

Notification of children accommodated in certain establishments

I185 Children accommodated by health authorities and local education authorities.

1

Where a child is provided with accommodation by any F1F2Local Health Board , Special Health Authority,F3Primary Care Trust,F4National Health Service trustF5, NHS foundation trust or local education authority (“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 responsible authority.

2

Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the responsible authority when they cease to accommodate the child.

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.

4

Where a local authority have been notified under this section, they 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.