Commentary on Sections

Part 6 - Looked after and Accommodated Children

Section 125 - Death of children being looked after by local authorities

357.Section 125 sets out the action that a local authority must take in the event of the death of a child that it is looking after.

358.This section also contains power for a local authority to arrange for the burial or cremation of a child who has died whilst being looked after (provided that the conditions set out in subsections (1)(c) and (3) are fulfilled).

359.The local authority may make such payments as are permitted by provision made in subsection (1)(d) (provided that the conditions set out in subsection (2) are fulfilled).

360.The local authority may also seek to recover any costs incurred under this section from a person with parental responsibility for a child under the age of 16 who has died (subsections (4) and (5)).

361.This section is based on provision made in paragraph 20 of Schedule 2 to the Children Act 1989.