PART XVIIMISCELLANEOUS AND GENERAL

Children accommodated in certain establishments

Children accommodated in hospitals174

1

Where a child is provided with accommodation in a hospital administered by a Board—

a

for a consecutive period of at least three months; or

b

with the intention, on the part of the Board, of accommodating him for such a period,

the Board shall notify the responsible authority.

2

Where a child is provided with accommodation in a hospital administered by a Health and Social Services trust—

a

for a consecutive period of at least three months; or

b

with the intention, on the part of the trust, of accommodating him for such a period,

the trust shall notify the responsible authority.

3

Where paragraph (1) or (2) applies, the Board or trust shall also notify the responsible authority when the child ceases to be accommodated in the hospital.

4

Paragraphs (1) to (3) shall not apply where the Board or trust is the responsible authority.

5

In this Article “the responsible authority” means—

a

the authority appearing to the Board or trust to be the authority within whose area the child was ordinarily resident immediately before being accommodated in that hospital; or

b

where it appears to the Board or trust that the child was not resident within the area of any authority, the authority within whose area the hospital is situated.

6

Where an authority has been notified under this Article or would but for paragraph (4) have been notified under this Article, it shall—

a

take such steps as are reasonably practicable to enable it to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the Board or trust; and

b

consider the extent to which (if at all) any functions under this Order should be exercised with respect to the child by it or another Board or trust.

7

A person authorised by an authority may enter a hospital for the purpose of establishing whether the requirements of this Article have been complied with.

8

Any person exercising the power conferred by paragraph (7) shall, if so required, produce some duly authenticated document showing his authority to do so.