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 F13in England by any F14F1..., Special Health Authority,F11... F2National Health Service trustF3or NHS foundation trust or by a local authority F15in 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 F4the appropriate officer of the responsible authority.
2
Where subsection (1) applies with respect to a child, the accommodating authority shall also notify F5the appropriate officer of the responsible authority when they cease to accommodate the child.
F122ZA
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.
F62A
In a case where the child is F16provided 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.
F73A
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 F8the appropriate officer of aF18local 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), F9the 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.
F105
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.