PART 6LOOKED AFTER AND ACCOMMODATED CHILDREN

Accommodation duties

77Accommodation for children in police protection or detention or on remand etc

(1)

A local authority must make provision for the reception and accommodation of children who are removed or kept away from home under Part 5 of the Children Act 1989.

(2)

A local authority must receive, and provide accommodation for, children—

(a)

in police protection whom it is requested to receive under section 46(3)(f) of the Children Act 1989;

(b)

whom it is requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;

(c)

with respect to whom it is the designated authority and who are—

(i)

remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc of referral orders and reparation orders);

(ii)

remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc of youth rehabilitation orders);

(iii)

remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);

(iv)

the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering.

(3)

In subsection (2), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

  • “local authority residence requirement”;

  • “youth rehabilitation order”;

  • “youth rehabilitation order with fostering”.

(4)

Subsection (5) applies where—

(a)

a child has been—

(i)

removed under Part 5 of the Children Act 1989, or

(ii)

detained under section 38 of the Police and Criminal Evidence Act 1984, and

(b)

the child is not being provided with accommodation—

(i)

by a local authority F1or local authority in England, or

(ii)

in a hospital vested in the Welsh Ministers, an NHS Trust, an NHS Foundation Trust or the Secretary of State, or otherwise made available pursuant to arrangements made by a Local Health Board, an NHS Trust, an NHS Foundation Trust, the Welsh Ministers, the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group.

(5)

Any reasonable expenses of accommodating the child are recoverable from the local authority F2or local authority in England in whose area the child is ordinarily resident.