Children Act 1989

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

(1) Where a child is provided with accommodation by any [F1 [F2 Local Health Board] , Special Health Authority,]F3 ...[F4 National Health Service trust][F5 or 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 [F6 the appropriate officer of] the responsible authority.

(2) Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [F7 the appropriate officer of] the responsible authority when they cease to accommodate the child.

[F8 (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, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority.]

[F9 (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.

[F10 (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) Where [F11 the appropriate officer of a local authority has] been notified under this section, [F12 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.

[F13 (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

F1 Words 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)

F2 Words in s. 85(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(h)

F3 Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F4 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)

F5 Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)

F6 Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F7 Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F8 S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F9 S. 85(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(b)

F10 S. 85(3A) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(3), 44; S.I. 2010/2981, art. 2(a)

F11 Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(a), 44; S.I. 2010/2981, art. 2(a)

F12 Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(b), 44; S.I. 2010/2981, art. 2(a)

F13 S. 85(5) added (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(5), 44; S.I. 2010/2981, art. 2(a)

Commencement Information

I1 S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)