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 F1paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc of referral orders and reparation orders);

(ii)

remanded to accommodation provided by or on behalf of a local authority by virtue of F2paragraph 25 of Schedule 7 to that Code (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.

F3(3)

In subsection (2)—

“local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

“youth rehabilitation order” has the meaning given by section 173 of that Code;

“youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.

(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 F4or 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 F5or local authority in England in whose area the child is ordinarily resident.