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Children Act 1989

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Children Act 1989, Part XI is up to date with all changes known to be in force on or before 16 November 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Part XIE+W+S Secretary of State’s Supervisory Functions and Responsibilities

[F1 80 Inspection of children’s homes etc. by persons authorised by Secretary of State. E+W

(1)The Secretary of State may cause to be inspected from time to time any—

(a)[F2private] children’s home;

(b)premises in which a child who is being looked after by a local authority is living;

(c)premises in which a child who is being accommodated by or on behalf of a [F3local authority in the exercise of education functions or a] voluntary organisation is living;

(d) premises in which a child who is being accommodated by or on behalf of a [F4[F5 Local Health Board ] , Special Health Authority ] F6...[F7 , National Health Service trust or NHS foundation trust [F8or pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006]] is living;

(e)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live;

(h)premises on which any person is acting as a child minder;

F10( i ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11(j)care home or independent hospital used to accommodate children;]

(k)premises which are provided by a local authority and in which any service is provided by that authority under Part III;

(l)[F12school or college] providing accommodation for any child;

(2)An inspection under this section shall be conducted by a person authorised to do so by the Secretary of State.

(3)An officer of a local authority shall not be so authorised except with the consent of that authority.

(4)The Secretary of State may require any person of a kind mentioned in subsection (5) to furnish him with such information, or allow him to inspect such records (in whatever form they are held), relating to—

(a)any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies;

(b)any child who is living in any such premises;

(c)the discharge by the Secretary of State of any of his functions under this Act; [F13or]

(d)the discharge by any local authority of any of their functions under this Act,

as the Secretary of State may at any time direct.

(5)The persons are any—

(a)local authority;

(b)voluntary organisation;

(c)person carrying on a [F2private] children’s home;

(d)proprietor of an independent school [F14or governing body of any other school];

[F15(da) governing body of an institution designated under section 28 of the M1 Further and Higher Education Act 1992;

(db)further education corporation;]

[F16(dc)sixth form college corporation;]

[F17(dd)proprietor of a 16 to 19 Academy;]

(e) person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority, F18 . . . [F19[F5 Local Health Board ] , Special Health Authority ] F20...[F21 National Health Service trust ] [F22 , NHS foundation trust ] or voluntary organisation;

[F23(ea)person providing accommodation for a child pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006;]

(f)F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by [F25 a local authority ] ) at which a child is accommodated on behalf of a local authority F26 . . . ;

F27( h ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27 [F28( hh )]] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)person carrying on any home of a kind mentioned in subsection (1)(j).

[F29(j)person carrying on a fostering agency.]

(6)Any person inspecting any home or other premises under this section may—

(a)inspect the children there; and

(b)make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.

(7)Any person authorised by the Secretary of State to exercise the power to inspect records conferred by subsection (4)—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

(8)A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.

(9)Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so.

(10)Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11)The Secretary of State may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order.

(12)Without prejudice to section 104, any such order may make different provision with respect to each of those subsections.

[F30(13)In this section—

  • college ” means an institution within the further education sector as defined in section 91 of the M2 Further and Higher Education Act 1992 [F31 or a 16 to 19 Academy ] ;

  • fostering agency ” has the same meaning as in the Care Standards Act 2000;

  • further education corporation ” has the same meaning as in the M3 Further and Higher Education Act 1992.

  • [F32sixth form college corporation ” has the same meaning as in that Act. ]]

  • [F33proprietor ” has the same meaning as in the Education Act 1996. ]

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Amendments (Textual)

F1S. 80 repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), 81(2), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F2Word in s. 80(1)(a)(5)(c) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(16)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F4Words in s. 80(1)(d), substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(a)(with Sch. 2 para. 6)

F5Words in s. 80(1)(d)(5)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(g)}

F10S. 80(1)(i) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(a), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F11S. 80(1)(j) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(16)(c); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F12Words in s. 80(1)(l) substituted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(2), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)

F13Word in s. 80(4)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F14Words in s. 80(5)(d) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F15S. 80(5)(da)(db) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F19Words in s. 80(5)(e) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(b)(with Sch. 2, para. 6)

F27S. 80(5)(h)(hh) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F28S. 80(5)(hh) inserted (2.7.2001 (E.), 1.4.2002 (W.)) by 2000 c. 14, s. 116, Sch. 4 para. 14(16)(d); S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F29S. 80(5)(j) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F30S. 80(13) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(4), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

Commencement Information

I1S. 80 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)

Marginal Citations

81 Inquiries.E+W

F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

82 Financial support by Secretary of State.E+W

(1)The Secretary of State may (with the consent of the Treasury) defray or contribute towards—

(a)any fees or expenses incurred by any person undergoing approved child care training;

(b)any fees charged, or expenses incurred, by any person providing approved child care training or preparing material for use in connection with such training; or

(c)the cost of maintaining any person undergoing such training.

(2)The Secretary of State may make grants to local authorities in respect of expenditure incurred by them in providing secure accommodation in community homes other than assisted community homes.

(3)Where—

(a)a grant has been made under subsection (2) with respect to any secure accommodation; but

(b)the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation,

the Secretary of State may (with the consent of the Treasury) require the authority concerned to repay the grant, in whole or in part.

(4)The Secretary of State may make grants to voluntary organisations towards—

(a)expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred—

(i)were assisted community homes; or

(ii)were designated as such; or

(b)expenses incurred in respect of the borrowing of money to defray any such expenditure.

(5)The Secretary of State may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which—

(a)are or will be provided in those homes; and

(b)in the opinion of the Secretary of State, are unlikely to be readily available in community homes.

(6)In this Part—

  • child care training” means training undergone by any person with a view to, or in the course of—

(a)his employment for the purposes of any of the functions mentioned in section 83(9) or in connection with the adoption of children or with the accommodation of children in a [F35care home or independent hospital]; or

(b)his employment by a voluntary organisation for similar purposes;

  • approved child care training” means child care training which is approved by the Secretary of State; and

  • secure accommodation” means accommodation provided for the purpose of restricting the liberty of children.

(7)Any grant made under this section shall be of such amount, and shall be subject to such conditions, as the Secretary of State may (with the consent of the Treasury) determine.

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Amendments (Textual)

F35Words in s. 82(6) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(18); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement Information

I2S. 82 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

83 Research and returns of information.E+W

(1)The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with—

(a)his functions, or the functions of local authorities, under the enactments mentioned in subsection (9);

[F36(aa)the functions [F37of— ]

(i)the Child Safeguarding Practice Review Panel;

(ii)safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;

(iii)child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;]

(b)the adoption of children; or

(c)the accommodation of children in a [F38care home or independent hospital].

(2)Any local authority may conduct, or assist other persons in conducting, research into any matter connected with—

(a)their functions under the enactments mentioned in subsection (9);

F39(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the adoption of children; or

(c)the accommodation of children in a [F38care home or independent hospital].

(3)Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to—

(a)the performance by the local authority of all or any of their functions—

(i)under the enactments mentioned in subsection (9); or

(ii)in connection with the accommodation of children in a [F38care home or independent hospital]; and

(b)the children in relation to whom the authority have exercised those functions.;F40...

F40(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to children accommodated by them or on their behalf.

[F41(4A)Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.]

(5)The Secretary of State may direct [F42an officer of the family court] to transmit—

(a)to such person as may be specified in the direction; and

(b)at such times and in such form as he may direct,

such particulars as he may require with respect to proceedings of the court which relate to children.

(6)The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (3) to (5).

(7)The Secretary of State may institute research designed to provide information on which requests for information under this section may be based.

(8)The Secretary of State shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by—

(a)the Central Council for Education and Training in Social Work;

(b)such representatives of local authorities as appear to him to be appropriate; or

(c)such other persons or organisations as appear to him to be appropriate,

concerning the provision of such training.

(9)The enactments are—

(a)this Act;

(b)the Children and Young Persons Acts 1933 to 1969;

(c)section 116 of the M4Mental Health Act 1983 (so far as it relates to children looked after by local authorities);

[F43(ca)Part 1 of the Adoption and Children Act 2002;

(cb)the Children Act 2004;

(cc)the Children and Young Persons Act 2008.]

(d)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F36S. 83(1)(aa) inserted (12.2.2009 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 33(2), 44; S.I. 2009/268, art. 3(1)(e); S.I. 2010/1329, art. 2(n)

F38Words in s. 83(1)(c)(2)(c)(3)(a)(ii) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(19); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(b) (with art. 3(4)-(10) (subject to transitional provisions in Schs. 1-3)

F40S. 83(3)(c) and word omitted (29.6.2018) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(4); S.I. 2018/497, reg. 3(s) (with reg. 11)

F41S. 83(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 54; S.I. 2005/394, art. 2(1)(h); S.I. 2006/885, art. 2(2)(e)

F42Words in s. 83(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 108; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F43S. 83(9)(ca)-(cc) inserted (12.2.2009 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 33(5), 44; S.I. 2009/268, art. 3(1)(e); S.I. 2010/1329, art. 2(n)

Commencement Information

I3S. 83 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

84 Local authority failure to comply with statutory duty: default power of Secretary of State.E+W

(1)If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty.

(2)An order under subsection (1) shall give the Secretary of State’s reasons for making it.

(3)An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary.

(4)Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 84 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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