- Latest available (Revised)
- Point in Time (01/09/2009)
- Original (As enacted)
Version Superseded: 31/03/2010
Point in time view as at 01/09/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Children and Young Persons Act 2008, Section 8.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)For section 23 of the 1989 Act substitute—
When a child is in the care of a local authority, it is their duty to provide the child with accommodation.
It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.
(1)This section applies where a local authority are looking after a child (“C”).
(2)The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).
(3)A person (“P”) falls within this subsection if—
(a)P is a parent of C;
(b)P is not a parent of C but has parental responsibility for C; or
(c)in a case where C is in the care of the local authority and there was a residence order in force with respect to C immediately before the care order was made, P was a person in whose favour the residence order was made.
(4)Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—
(a)would not be consistent with C's welfare; or
(b)would not be reasonably practicable.
(5)If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.
(6)In subsection (5) “placement” means—
(a)placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;
(b)placement with a local authority foster parent who does not fall within paragraph (a);
(c)placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000; or
(d)subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.
(7)In determining the most appropriate placement for C, the local authority must, subject to the other provisions of this Part (in particular, to their duties under section 22)—
(a)give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;
(b)comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and
(c)comply with subsection (9) unless that is not reasonably practicable.
(8)The local authority must ensure that the placement is such that—
(a)it allows C to live near C's home;
(b)it does not disrupt C's education or training;
(c)if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;
(d)if C is disabled, the accommodation provided is suitable to C's particular needs.
(9)The placement must be such that C is provided with accommodation within the local authority's area.
(10)The local authority may determine—
(a)the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and
(b)the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).
(11)The appropriate national authority may make regulations for, and in connection with, the purposes of this section.
(12)In this Act “local authority foster parent” means a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2.
(1)Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.
(2)But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—
(a)to make such arrangements; and
(b)to do so as a matter of urgency.
Where a local authority place a child they are looking after in a children's home provided, equipped and maintained by an appropriate national authority under section 82(5), they must do so on such terms as that national authority may from time to time determine.
Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).”
(2)Schedule 1 (which makes amendments supplementary to, and consequential on, the provisions of this section, including a power to make regulations about an independent review mechanism for certain decisions in relation to foster parents) has effect.
(3)Until the coming into force of subsection (1), Schedule 2 to the 1989 Act has effect with the modifications specified in Schedule 2.
Commencement Information
I1S. 8(1) in force at 1.9.2009 for specified purposes for E. by S.I. 2009/2273, art. 2(2)(a)
I2S. 8(2) in force at 1.9.2009 for specified purposes for E. by S.I. 2009/2273, art. 2(2)(b)
I3S. 8(3) in force at 12.2.2009 for E. by S.I. 2009/268, art. 3(1)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: