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Children Act 1989

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Changes over time for: Section 85

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Version Superseded: 01/04/2011

Status:

Point in time view as at 05/05/2010. This version of this provision has been superseded. Help about Status

Changes to legislation:

Children Act 1989, Section 85 is up to date with all changes known to be in force on or before 08 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 by any [F1[F2Local Health Board] , Special Health Authority,][F3Primary Care Trust,][F4National Health Service trust][F5or NHS foundation trust or by a local authority 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 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.

[F6(2A)In a case where the child is provided with accommodation by a local authority 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.

(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.

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