Adoption and Children Act 2002

Adoption and Children Act 2002

2002 CHAPTER 38

Commentary on Sections

Part 2 – Amendments of the Children Act 1989

Section 116: Accommodation of children in need etc.

287. Section 116 amends section 17(6) of the Children Act 1989 to make clear the power for local authorities to provide accommodation for children in need under that subsection (subsection (1)).  As amended, section 17(6) permits local authorities to provide assistance in kind, accommodation or, in exceptional circumstances, cash.

288. Subsection (2) amends section 22 of the Children Act 1989, which provides for the general duties of local authorities towards children who are looked after by them.  A looked after child is defined in section 22(1) of the Children Act 1989.  As amended, section 22(1) does not apply to children who are accommodated under section 17. Should they need to be looked after children as defined in section 22(1), they will be accommodated by local authorities under section 20.

289. Subsection (3) amends section 24A of the Children Act 1989, which provides for advice and assistance for certain children who were looked after while aged 16 or 17.  As amended, section 24A permits local authorities, in exceptional circumstances, to provide accommodation or cash to these young people. Section 24A accommodation may only be given in exceptional circumstances.