Children and Young Persons Act 2008 (c. 23)

Part 2 E+W Functions in relation to children and young persons

Visiting E+W

15 Duty of local authority to ensure visits to looked after children and others E+W

After section 23 of the 1989 Act insert—

“Visiting E+W

23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others

(1) This section applies to—

(a) a child looked after by a local authority;

(b) a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.

(2) It is the duty of the local authority—

(a) to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);

(b) to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.

(3) The duties imposed by subsection (2)—

(a) are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;

(b) are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.

(4) Regulations under this section for the purposes of subsection (3)(a) may make provision about—

(a) the frequency of visits;

(b) circumstances in which a person to whom this section applies must be visited by a representative; and

(c) the functions of a representative.

(5) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.”

Commencement Information

I1 S. 15 in force at 1.9.2009 for specified purposes for E. by S.I. 2009/2273, art. 2(2)(d)

I2 S. 15 in force at 26.4.2010 for specified purposes for W. by S.I. 2010/1329, art. 2(d)