Social Services and Well-being (Wales) Act 2014 (anaw4)

PART 6 E+W LOOKED AFTER AND ACCOMMODATED CHILDREN

Children accommodated in certain establishments E+W

120 Assessment of children accommodated by health authorities and education authorities E+W

(1) Subsection (2) applies where a child is provided with accommodation in Wales by a Local Health Board, an NHS Trust or a local authority in the exercise of education functions (“the accommodating authority”)—

(a) for a consecutive period of at least 3 months, or

(b) with the intention, on the part of that authority, of accommodating the child for such a period.

(2) The accommodating authority must notify the appropriate officer of the responsible authority—

(a) that it is accommodating the child, and

(b) when it ceases to accommodate the child.

(3) In this section, “the responsible authority” means—

(a) the local authority or local authority in England appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated, or

(b) where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority or local authority in England, the local authority within whose area the accommodation is situated.

(4) In this section and in sections 121 and 122 “the appropriate officer” means—

(a) in relation to a local authority, its director of social services, and

(b) in relation to a local authority in England, its director of children's services.

(5) Where the appropriate officer of a local authority has been notified under this section [F1 , or under section 85 of the Children Act 1989 (assessment of children accommodated by health authorities and education authorities)], the authority must—

(a) assess the child under section 21, and

(b) consider the extent to which (if at all) it should exercise any of its other functions under this Act, or any of its functions under the Children Act 1989, with respect to the child.

(6) The duty under subsection (5)(a) does not apply in relation to a child looked after by—

(a) a local authority,

(b) a local authority in England,

(c) a local authority in Scotland, or

(d) a Health and Social Care trust.

Textual Amendments

F1 Words in s. 120(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 305

Commencement Information

I1 S. 120 in force at 6.4.2016 by S.I. 2016/412, art. 2 (with art. 4, Schs. 1, 2)