Paragraph 4

(1)

A child falls within this paragraph if both of sub-paragraphs (2) and (3) apply to the child.

(2)

This sub-paragraph applies to a child if any of the following is the case—

(a)

the child is looked after by a local authority, within the meaning of section 22 of the Children Act 1989^f1 (general duty of local authority in relation to children looked after by them), other than by way of being accommodated in a secure children’s home in respect of which NHS England must arrange for the provision of services to children accommodated there;

(b)

the child is a relevant child within the meaning of section 23A of that Act^f2 (the responsible authority and relevant children);

(c)

the child is a person to whom section 24(1A) or (1B) of that Act^f3 (persons qualifying for advice and assistance) applies;

(d)

the child is provided with accommodation at a school, institution within the further education sector or 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010^f4) to which the person is admitted in accordance with an EHC plan; or

(e)

the child requires accommodation in a care home, a children’s home or an independent hospital to meet the child’s continuing care needs.

(3)

This sub-paragraph applies to a child if—

(a)

the child is provided with—

(i)

services which consist of or include the provision of accommodation situated in the area of another ICB or of a Local Health Board, under arrangements made by the ICB in the exercise of its commissioning functions (by itself or jointly with a local authority); or

(ii)

such services under arrangements made by the local authority and immediately before those arrangements were made the child was a person for whom the ICB had core responsibility; and

(b)

the child—

(i)

is resident in that accommodation; and

(ii)

would not be a person for whom the ICB has core responsibility.

Annotations

Footnotes

f1: 1989 c. 41.
f2: Section 23A was inserted into the Children Act 1989 by section 2(1) and (4) of the Children (Leaving Care) Act 2000 (c. 35) and amended by paragraph 8 of Schedule 3 to the Children and Young Persons Act 2008 (c. 23) and S.I. 2016/413.
f3: Section 24(1A) and (1B) were inserted into the Children Act 1989 paragraph 60(a) and 60(b) of Schedule 3 to the Adoption and Children Act 2002 (c. 38).
f4: 2010 c. 32; section 1B was inserted by section 53 of the Education Act 2011 (c. 21).