OpenLegislation

Section 86 Children accommodated in care homes or independent hospitals.F13I1

England and Wales

(1)

Where a child is provided with accommodation F1in England in any F2care home or independent hospital—

(a)

for a consecutive period of at least three months; or

(b)

with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,

the person carrying on F3the establishment in question shall notify F4the appropriate officer of the local authority within whose area F5the establishment is carried on.

(2)

Where subsection (1) applies with respect to a child, the person carrying on F6the establishment shall also notify F7the appropriate officer of that authority when he ceases to accommodate the child in the establishment .

(3)

Where F8the appropriate officer of a local authority has been notified under this section, F9the 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 in F10the establishment in question ; 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.

(4)

If the person carrying on any F11care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.

(5)

A person authorised by a local authority F12in England may enter any care home or independent hospital within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.

(6)

Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.

(7)

Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.

(8)

Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations

Textual amendments

F1

Words in s. 86(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), 103(a)

F2

Words in s. 86(1)(5) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F3

Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(a), 44; S.I. 2010/2981, {art. (2(a)}

F4

Words in s. 86(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(b), 44; S.I. 2010/2981, {art. (2(a)}

F5

Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(c), 44; S.I. 2010/2981, {art. (2(a)}

F6

Words in s. 86(2) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(a), 44; S.I. 2010/2981, {art. (2(a)}

F7

Words in s. 86(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(b), 44; S.I. 2010/2981, {art. (2(a)}

F8

Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(a), 44; S.I. 2010/2981, {art. (2(a)}

F9

Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(b), 44; S.I. 2010/2981, {art. (2(a)}

F10

Words in s. 86(3)(a) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(c), 44; S.I. 2010/2981, {art. (2(a)}

F11

Words in s. 86(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(10), 44; S.I. 2010/2981, {art. (2(a)}

F12

Words in s. 86(5) 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), 103(b)

F13

S. 86: sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement

I1

S. 86 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)