OpenLegislation

Section 85 Children accommodated by health authorities and local education authorities.I1

England and Wales

(1)

Where a child is provided with accommodation F1in England by any F2F3..., Special Health Authority, F4... F5National Health Service trust F6or NHS foundation trust or by a local authority F7in 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 F8the appropriate officer of the responsible authority.

(2)

Where subsection (1) applies with respect to a child, the accommodating authority shall also notify F9the appropriate officer of the responsible authority when they cease to accommodate the child.

F10(2ZA)

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, F11NHS England or F12an integrated care board under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, NHS England or (as the case may be) F13the integrated care board as if it were the accommodating authority.

F14(2A)

In a case where the child is F15provided 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.

F16(3A)

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 F18the appropriate officer of a F19local 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), F20the 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.

F21(5)

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.

Annotations

Textual amendments

F1

Words in s. 85(1) 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), 102(a)(i)

F2

Words in s. 85(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(ii)

F3

Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)

F4

Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F5

Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)

F6

Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)

F7

Words in s. 85(1) 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), 102(a)(iii)

F8

Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F9

Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F10

S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F11

Words in s. 85 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F12

Words in s. 85(2ZA)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 35(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F13

Words in s. 85(2ZA) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 35(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F14

S. 85(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(b)

F15

Words in s. 85(2A) 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), 102(b)

F16

S. 85(3A) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(3), 44; S.I. 2010/2981, art. 2(a)

F17

Words in s. 85(3A)(b) 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), 102(c)

F18

Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(a), 44; S.I. 2010/2981, art. 2(a)

F19

Words in s. 85(4) 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), 102(d)

F20

Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(b), 44; S.I. 2010/2981, art. 2(a)

F21

S. 85(5) added (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(5), 44; S.I. 2010/2981, art. 2(a)

Commencement

I1

S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)