http://www.legislation.gov.uk/ukpga/1989/41/section/85Children Act 1989An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.1989-11-16texttext/xmlenStatute Law Database2026-08-27Expert Participation2026-09-01 Children Act 1989s. 31A(4A)Children and Families Act 2014s. 15(2)(b)s. 139(6)Children Act 1989s. 10C 10DVictims and Courts Act 2026s. 3(1)s. 18(1)Children Act 1989s. 10E-10GVictims and Courts Act 2026s. 4s. 18(1)Children Act 1989s. 9(8)Victims and Courts Act 2026s. 5(3)s. 18(1)Children Act 1989s. 10A headingVictims and Courts Act 2026s. 5(4)(a)s. 18(1)Children Act 1989s. 10A(10)Victims and Courts Act 2026s. 5(4)(b)s. 18(1)Children Act 1989s. 10B(2)Victims and Courts Act 2026s. 5(5)s. 18(1)Children Act 1989s. 33(3A)Victims and Courts Act 2026s. 5(6)(a)s. 18(1)Children Act 1989s. 33(3A)Victims and Courts Act 2026s. 5(6)(b)s. 18(1)Children Act 1989s. 91(14A)Victims and Courts Act 2026s. 5(7)(b)s. 18(1)Children Act 1989s. 104(3AZA)Victims and Courts Act 2026s. 5(8)s. 18(1)Children Act 1989Sch. ZA1Victims and Courts Act 2026Sch. 1 para. 1s. 18(1)Children Act 1989s. 23ZZZAChildren’s Wellbeing and Schools Act 2026s. 6(3)s. 78(5)Children Act 1989s. 23CZAAChildren’s Wellbeing and Schools Act 2026s. 7s. 78(5)Children Act 1989s. 34(1)(e) and wordChildren’s Wellbeing and Schools Act 2026s. 10(a)(ii)s. 78(5)Children Act 1989s. 25(1A)(1B)Children’s Wellbeing and Schools Act 2026s. 13(3)s. 78(5)Children Act 1989s. 25(5ZA)Children’s Wellbeing and Schools Act 2026s. 13(6)s. 78(5)Children Act 1989s. 25(8ZA)Children’s Wellbeing and Schools Act 2026s. 13(9)s. 78(5)Children Act 1989s. 104(3BZA)Children’s Wellbeing and Schools Act 2026s. 13(10)(b)s. 78(5)Children Act 1989Sch. ZA1 para. 3(ha)-(hc)Crime and Policing Act 2026Sch. 11 para. 5s. 255(1)Children Act 1989s. 4(1A)(aa)Welfare Reform Act 2009Sch. 6 para. 21(3)s. 61(3)Children Act 1989s. 4(1C)Welfare Reform Act 2009Sch. 6 para. 21(4)s. 61(3)Children Act 1989s. 4ZA(2)(aa)Welfare Reform Act 2009Sch. 6 para. 22(3)s. 61(3)Children Act 1989s. 4ZA(3A)Welfare Reform Act 2009Sch. 6 para. 22(4)s. 61(3)Children Act 1989s. 10A 10BVictims and Prisoners Act 2024s. 18(3)s. 32s. 81(2)Children Act 1989s. 9(8)Victims and Prisoners Act 2024s. 18(4)(c)s. 32s. 81(2)Children Act 1989s. 33(3A)Victims and Prisoners Act 2024s. 18(5)s. 32s. 81(2)Children Act 1989s. 91(5B)(5C)Victims and Prisoners Act 2024s. 18(6)(b)s. 32s. 81(2)Children Act 1989s. 104(3AZA)Victims and Prisoners Act 2024s. 18(7)(b)s. 32s. 81(2) Part XII851Where a child is provided with accommodation in England by any ..., Special Health Authority, ... National Health Service trust or NHS foundation trust or by a local authority in England in the exercise of education functions (“the accommodating authority”)—afor a consecutive period of at least three months; orbwith the intention, on the part of that authority, of accommodating him for such a period,the accommodating authority shall notify the appropriate officer of the responsible authority.2Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the appropriate officer of the responsible authority when they cease to accommodate the child.2ZAWhere a child is provided with accommodation—aby a body which is not mentioned in subsection (1), andbpursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006,subsections (1) and (2) apply in relation to the Secretary of State, NHS England or (as the case may be) the integrated care board as if it were the accommodating authority.2AIn a case where the child is provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.3In this section “the responsible authority” means—athe local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; orbwhere it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.3A In this section and sections 86 and 86A “ the appropriate officer ” means— ain relation to a local authority in England, their director of children's services; andbin relation to a local authority in Wales, their director of social services.4Where the appropriate officer of a local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities), the local authority shall—atake such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; andbconsider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.5For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)S. 85(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(b)S. 85(3A) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(3), 44; S.I. 2010/2981, art. 2(a)Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(a), 44; S.I. 2010/2981, art. 2(a)Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(b), 44; S.I. 2010/2981, art. 2(a)S. 85(5) added (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(5), 44; S.I. 2010/2981, art. 2(a)Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)Words in s. 85(1) 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), 102(a)(i)Words in s. 85(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(ii)Words in s. 85(1) 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), 102(a)(iii)Words in s. 85(2A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(b)Words in s. 85(3A)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(c)Words in s. 85(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(d)Words in s. 85 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)Words in s. 85(2ZA) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 35(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)Words in s. 85(2ZA)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 35(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)