Paragraph 20 I1
England and Wales
If a child who is being looked after by a local authority dies, the authority—
shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
shall, so far as is reasonably practicable, notify the child’s parents and every person who is not a parent of his but who has parental responsibility for him;
may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child’s body to be buried or cremated; and
may, if the conditions mentioned in sub-paragraph (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child’s funeral.
The conditions are that—
it appears to the authority that the person concerned could not otherwise attend the child’s funeral without undue financial hardship; and
that the circumstances warrant the making of the payments.
Sub-paragraph (1) does not authorise cremation where it does not accord with the practice of the child’s religious persuasion.
Where a local authority have exercised their power under sub-paragraph (1)(c) with respect to a child who was under sixteen when he died, they may recover from any parent of the child any expenses incurred by them.
Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt.
Nothing in this paragraph affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person.
Annotations
Textual amendments
- F1
Sch. 2 para. 20(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 117
Commencement
- I1
Sch. 2 Pt. II para. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Notes on Schedule 2
Textual amendments
- F1
Sch. 2 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 121
Modifications
- C1
Sch. 2 modified (temp.) (12.2.2009 for E. and 31.3.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(3), 44, Sch. 2 para. 2; S.I. 2009/268, art. 3(1)(b); S.I. 2010/749, art. 2(a)
Commencement
- I1
Sch. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Notes on Part II
Textual amendments
- F1
Words in Sch. 2 Pt. 2 inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 112