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Social Services and Well-being (Wales) Act 2014

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This is the original version (as it was originally enacted).

121Assessment of children accommodated in care homes or independent hospitals

This section has no associated Explanatory Notes

(1)Subsection (2) applies where a child is provided with accommodation in Wales in any care 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 the child, of accommodating the child for such period.

(2)The person carrying on the establishment in question must notify the appropriate officer of the local authority within whose area the establishment is carried on—

(a)that it is accommodating the child, and

(b)when it ceases to accommodate the child.

(3)Where the appropriate officer of a local authority has been notified under this section, the authority must—

(a)assess the child under section 21, and

(b)consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child.

(4)The duty under subsection (3)(a) does not apply in relation to a child looked after by—

(a)a local authority,

(b)a local authority in England,

(c)a local authority in Scotland, or

(d)a Health and Social Care trust.

(5)If a person carrying on a care home or independent hospital fails, without reasonable excuse, to comply with this section, the person is guilty of an offence.

(6)A person authorised by a local authority may enter a 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.

(7)A person exercising the power of entry must, upon request, produce some duly authenticated document showing authority to do so.

(8)A person who intentionally obstructs a person exercising the power of entry is guilty of an offence.

(9)A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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