OpenLegislation

Regulation 41 Notification with respect to children admitted into, or discharged from, a children's home

England and Wales

(1)

The registered person must notify, without delay, the local authority for the area in which the children's home is located of every admission of a child into the home and every discharge of a child from the home.

(2)

The registered person is not required to notify the local authority in paragraph (1) if that local authority is also the placing authority for the child in question.

(3)

A notification under this regulation must be in writing and must state—

(a)

the child's name and date of birth;

(b)

whether the child is provided with accommodation under section 20 or 21 of the Children Act 1989 M1 F1or, in the case of a child placed by a local authority in Wales, whether the child is provided with accommodation under section 76 or 77 of the Social Services and Well-being (Wales) Act 2014;

(c)

whether the child is subject to a care or supervision order under section 31 of the Children Act 1989 M2;

(d)

the contact details for—

(i)

the child's placing authority; and

(ii)

the independent reviewing officer appointed for the child's case; and

(e)

whether the child has an EHC plan or a statement of special educational needs and, if so, details of the local authority with responsibility for the EHC plan or for maintaining the statement of special educational needs.

Annotations

Textual amendments

F1

Words in reg. 41(3)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 184

Marginal citations

M1

Section 20 of the Children Act 1989 was amended by: paragraphs 54 and 59 of Schedule 3 to the ACA 2002; section 53 of the CA 2004; and paragraphs 1 and 28 of Schedule 2 to the C&FA 2014. Section 21 of the Children Act 1989 was amended by: paragraph 36 of Schedule 9 to the National Health Service and Community Care Act 1990 (c.19); S.I. 2000/90; paragraph 59 to Schedule 3 of the ACA 2002; section 53 of the CA 2004; S.I. 2007/961; paragraphs 34 and 105 of Schedule 4 to the CJIA 2008; paragraph 5 of Schedule 3 the CYPA 2008; Schedules 7 and 8 to the Policing and Crime Act 2009 (c.26, “the PCA 2009”); paragraph 48 of Schedule 5 to the Health and Social Care Act 2012; paragraph 24 to Schedule 12 the LASPOA 2012 and paragraph 28 of Schedule 2 to the C&FA 2014.

M2

Section 31 of the Children Act 1989 was amended by: Schedules 4, 7 and 8 to the Criminal Justice and Court Services Act 2000; section 120 of the ACA 2002; paragraph 35 of Schedule 4 to the CJIA 2008; S.I. 2013/1465 and section 15 of the C&FA 2014.