Regulation 4 Relevant children

(1)

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

(2)

Any child aged 16 or 17 (not being subject to a care order) ^f1 who—

(a)

at the time when he or she attained the age of 16 was detained or in hospital; and

(b)

had been accomodated by a local authority for a single period of at least 13 weeks (“the single period”) or for periods amounting in all to at least 13 weeks (“the aggregate period”) where

(i)

the single period or the first period of the aggregate period began after he or she reached the age of 14, and

(ii)

the single period or the aggregate period ended immediately before such detention or admission.

(3)

For the purposes of this regulation, “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.

(4)

Any child who has lived with a person falling within section 23(4) of the Act for a continuous period of six months or more is not to be a relevant child despite falling within section 23A(2).

(5)

Paragraph (4) applies whether the period of six months commences before or after a child ceases to be looked after by a local authority.

Annotations

Footnotes

f1: A “care order” is defined in section 105(1) of the Act by reference to section 31(11) of that Act.
f2: For remand centres, young offender institutions and secure training centres, see section 43 of the Prison Act 1952 (15&16 Geo 16 and Eliz 2 c.52) as amended by the Criminal Justice Act 1982 (c. 48) section 11, Criminal Justice Act 1988 (c. 33), paragraphs 11 and 12 of Schedule 15, and the Crime and Disorder Act 1998 (c. 37), paragraph 6 of Schedule 8.