The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the 2012 Act”) and extend to England and Wales. Section 104(1) of the 2012 Act makes provision that where a child is remanded to youth detention accommodation, they will be treated as a child who is looked after by the designated local authority. These Regulations provide that certain duties of local authorities under the Children Act 1989 (“the 1989 Act”) in relation to looked after children do not apply in relation to children where they are remanded to youth detention accommodation (“a relevant child”). The relevant duties under the 1989 Act which do not apply in relation to such children are in section 22C (ways in which looked after children are to be accommodated and maintained), section 22D (review of a child’s case before making alternative arrangements for accommodation), section 23(2) to (8) (until such time as section 8 of the Children and Young Persons Act 2008 comes fully into force in relation to Wales) and paragraph 21 of Schedule 2 (liability to contribute towards maintenance of looked after children). Saving provisions are made in relation to the Care Planning, Placement and Case Review (England) Regulations 2010 and for the purpose of making regulations under section 23 of the 1989 Act.

Regulation 5 provides that the duty in paragraph 21 of Schedule 2 to the 1989 Act does not apply in relation to a child who is remanded to local authority accommodation under section 91(3) of the 2012 Act.

Section 25 of the 1989 Act limits the circumstances in which a looked after child may be placed and kept in secure accommodation by a local authority. Regulation 6 provides that section 25 of the 1989 Act does not apply in relation to children remanded to youth detention accommodation by adding a new regulation 5A to the Children (Secure Accommodation) Regulations 1991.

An impact assessment has not been prepared for these Regulations as no impact on businesses or civil society organisations is foreseen.