Regional accommodation directions CA 1989 s. 22J
The Secretary of State may direct local authorities to make regional co-operation arrangements for strategic accommodation functions under CA 1989 s. 22J.
The Secretary of State may give directions requiring two or more local authorities to make regional co-operation arrangements. “ Regional co-operation arrangements ” means arrangements— for the local authorities to carry out their strategic accommodation functions jointly, for the local authorities’ strategic accommodation functions to be carried out by one of the local authorities on behalf of the others, or for a body corporate to support the local authorities in carrying out their strategic accommodation functions. A local authority’s “strategic accommodation functions” are— assessing current and future requirements for the accommodation of children being looked after by the local authority, developing and publishing strategies for meeting those requirements, commissioning the provision of accommodation for children being looked after by the local authority, recruiting prospective local authority foster parents and supporting local authority foster parents, developing, or facilitating the development of, new provision for the accommodation of children being looked after by the local authority, and any other functions relating to a local authority’s duties under section 22A, 22C or 22G that are specified in regulations made by the Secretary of State. Before making regulations under subsection (3)(f) the Secretary of State must consult— local authorities, and such other persons (if any) as the Secretary of State considers appropriate. A direction under subsection (1) may— specify which of the three kinds of regional co-operation arrangements the local authorities must make, or specify more than one kind of regional co-operation arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make. A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(b) may— specify which local authority is to carry out the strategic accommodation functions, or require the local authorities to determine which of them is to carry out the strategic accommodation functions. A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(c) may— specify the kind of body corporate with which the arrangements may be made; require a body corporate to be established for the purposes of the arrangements. If a direction requires a body corporate to be established, it may— specify which of the local authorities is to establish the body corporate, or require the local authorities to determine which of them is to establish it. The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1). A direction under this section may make different provision for different purposes.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 22J empowers the Secretary of State to order two or more local authorities to work together on providing accommodation for looked-after children. These regional co-operation arrangements can take three forms: councils working jointly, one council taking responsibility on behalf of others, or establishing a corporate body to support the councils.
Strategic accommodation functions include assessing immediate and long-term accommodation needs, writing and publishing strategy documents, commissioning care places, recruiting and supporting foster parents, and building or expanding residential placements for children in care.
The Secretary of State can mandate the exact joint structure or require councils to choose between specified options. Directions may also specify which authority leads the work, mandate the creation of a dedicated corporate entity, or order councils to end an existing arrangement.
When it applies
- Two neighboring local authorities are ordered by the Secretary of State to merge their foster parent recruitment and support teams.
- The Secretary of State directs one local authority to handle accommodation commissioning for a group of three councils.
- Local authorities are required to establish a body corporate to build and run new residential accommodation for looked-after children.
- A local authority receives a formal direction to terminate its joint accommodation planning arrangement with another council.
What this section does not say
- Individual accommodation placement decisions for a specific child, which are governed by section 22C.
- The general duty of a single council to secure sufficient local accommodation, set out in section 22G.
- Short-term accommodation provided to children placed under police protection or detention.
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This page reproduces the text of CA 1989 s. 22J in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.