Local authority community homes duty CA 1989 s.53
Requires local authorities to arrange community homes for looked-after children and child welfare. Defines controlled and assisted community homes.
Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available— for the care and accommodation of children looked after by them; and for purposes connected with the welfare of children (whether or not looked after by them), and may do so jointly with one or more other local authorities. In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation— of different descriptions; and which is suitable for different purposes and the requirements of different descriptions of children. A community home may be a home— provided, equipped, maintained and (subject to subsection (3A managed by a local authority; or provided by a voluntary organisation but in respect of which a local authority and the organisation— propose that, in accordance with an instrument of management, the equipment, maintenance and (subject to subsection (3B management of the home shall be the responsibility of the local authority; or so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation. A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children. Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children. Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home. Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home. Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.
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
This section places a duty on every local authority to make arrangements so that community homes are available for the care and accommodation of children they look after, and for other child welfare purposes. Local authorities may act jointly. They must ensure a range of accommodation types and purposes.
A community home can be run entirely by the local authority or provided by a voluntary organisation. If a voluntary organisation provides the home and the local authority is to manage it, the home is designated a "controlled community home". If the voluntary organisation keeps management responsibility, it is an "assisted community home". The local authority can also arrange for another person to manage accommodation used to restrict children's liberty.
The details of how these homes are governed are supplemented by Schedule 4 of the Act.
When it applies
- A local authority needs a new home for several siblings in its care and opens a community home.
- A voluntary organisation runs a children's home and the local authority agrees to take over its management, designating it a controlled community home.
- Two local authorities jointly fund and operate a community home serving children from both areas.
- A local authority contracts a private company to manage secure accommodation within a community home.
- A voluntary organisation manages its own home with local authority support, so it is designated an assisted community home.
What this section does not say
- This section does not cover the standards of care or inspection of community homes – those are dealt with under other regulations.
- It does not cover the placement of individual children into community homes – that is governed by other sections (e.g., care orders or accommodation duties).
- It does not cover refuges for children at risk (addressed in s.51).
- It does not cover voluntary homes run entirely by a voluntary organisation without any local authority involvement (covered by s.60).
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This page reproduces the text of CA 1989 s. 53 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.