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Children Act 1989

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53 Provision of community homes by local authorities.E+W

(1)Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available—

(a)for the care and accommodation of children looked after by them; and

(b)for purposes connected with the welfare of children (whether or not looked after by them),

and may do so jointly with one or more other local authorities.

(2)In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation—

(a)of different descriptions; and

(b)which is suitable for different purposes and the requirements of different descriptions of children.

(3)A community home may be a home—

(a)provided, [F1equipped, maintained and (subject to subsection (3A)) managed] by a local authority; or

(b)provided by a voluntary organisation but in respect of which a local authority and the organisation—

(i)propose that, in accordance with an instrument of management, the [F2equipment, maintenance and (subject to subsection (3B)) management] of the home shall be the responsibility of the local authority; or

(ii)so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation.

[F3(3A)A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.

(3B)Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.]

(4)Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home.

(5)Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home.

(6)Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.

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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.

Amendments (Textual)

F1Words in s. 53(3)(a) substituted (8.3.1996) by 1994 c. 33, s. 22(2)(a)(i); S.I. 1996/625, art.2

F2Words in s. 53(3)(b)(i) substituted (8.3.1996) by 1994 c. 33, s. 22(2)(a)(ii); S.I. 1996/625, art. 2

Commencement Information

I1S. 53 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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