Regulation 3 Relevant childrenI1

England and Wales

(1)

For the purposes of section 23A(3), children falling within paragraph (2) are an additional category of relevant children.

(2)

Subject to paragraph (3), a child falls within this paragraph if—

(a)

the child is aged 16 or 17,

(b)

the child is not subject to a care order, and

(c)

on attaining the age of 16 the child was detained, or in hospital, and immediately before being detained or admitted to hospital had been looked after by a local authority for a period or periods amounting in total to at least 13 weeks, which began after the child attained the age of 14^f1.

(3)

In calculating the period of 13 weeks referred to in paragraph (2)(b), no account is to be taken of any period in which the child was looked after by a local authority in the course of a pre-planned series of short-term placements, none of which individually exceeded four weeks, where at the end of each such placement the child returned to the care of their parent, or a person who is not a parent but who has parental responsibility for them.

(4)

For the purposes of this regulation—

(a)

“detained” means detained in a remand centre, a young offender institution or a secure training centre^f2, or any other institution pursuant to an order of a court F1, but excludes remand to youth detention accommodation, and

(b)

“hospital” has the meaning given in section 275(1) of the National Health Service Act 2006^f3,

F2(c)

“remand to youth detention accommodation” has the meaning given in section 102(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(5)

Subject to paragraph (6), a child who has lived for a continuous period of six months or more (whether that period commenced before or after they ceased to be looked after) with—

(a)

their parent,

(b)

someone who is not their parent but who has parental responsibility for them, or

(c)

where they were in care and there was a F3child arrangements order in force immediately before the care order was made, a person F4named in the child arrangements order as a person with whom they were to live,

F5(5A)

For the purposes of paragraph (5), a child arrangements order is one that consists of, or includes, arrangements relating to either or both of the following—

(i)

with whom the child is to live, and

(ii)

when the child is to live with any person.

is not a relevant child despite falling within section 23A(2).

(6)

Where living arrangements described in paragraph (5) break down and the child ceases to live with the person concerned, the child is a relevant child.

Annotations

Textual amendments

F1: Words in reg. 3(4)(a) inserted (19.4.2013) by virtue of The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 12(2)(a) (with reg. 14)
F2: Reg. 3(4)(c) inserted (19.4.2013) by The Care Planning, Placement and Case Review (England) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/706), regs. 1, 12(2)(b) (with reg. 14)
F3: Words in reg. 3(5)(c) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 19(1)(i)
F4: Words in reg. 3(5)(c) substituted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 19(1)(ii)
F5: Reg. 3(5A) inserted (22.4.2014) by The Child Arrangements Order (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/852), arts. 1, 19(2)

Commencement

I1: Reg. 3 in force at 1.4.2011, see reg. 1(1)

Footnotes

f1: For the meaning of “looked after” see section 22(1) of the 1989 Act, as amended by section 107 of, and paragraph 19 of Schedule 5 to, the Local Government Act 2000 (c.22), section 2 of the 2000 Act and by section 116(2) of the Adoption and Children Act 2002 (c.38).
f2: For the meanings of “remand centre”, “young offender institution” and “secure training centre” see section 43(1)(a), (aa) and (d) of the Prison Act 1952 (c. 52). Subsection (1) was substituted by section 11 of the Criminal Justice Act 1982 (c. 48). Subsection (1)(aa) was inserted by paragraph 11 of Schedule 15 to the Criminal Justice Act 1988 (c. 33) and amended by section 18(3) of the Criminal Justice and Public Order Act 1994 (c. 33) and by paragraph 3 of Part 2 of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4). Subsection (1)(d) was substituted by paragraph 6 of Schedule 8 to the Crime and Disorder Act 1998 (c. 37) and amended by paragraph 5(1) and (2) of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
f3: 2006 c.41. There are amendments to section 275(1) which are not relevant to these Regulations. A “hospital” is defined as (a) any institution for the reception and treatment of persons suffering from illness, (b) any maternity home and (c) any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation, and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution; “illness” is defined in that section as including any disorder or disability of the mind and any injury or disability requiring medical or dental treatment or nursing.