Disputes over community homes CA 1989 s. 55
Under CA 1989 s. 55, disputes between local authorities and voluntary organisations running controlled or assisted community homes go to the Secretary of State.
Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and— the voluntary organisation by which the home is provided; or any other local authority who have placed, or desire or are required to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination. Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination. Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned. This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of— the local authority specified in the home’s instrument of management; or (as the case may be) the voluntary organisation by which the home is provided. Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section. In this Part “ trust deed ”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating— the maintenance, management or conduct of the home; or the constitution of a body of managers or trustees of the home.
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 55 of the Children Act 1989 provides a mechanism to resolve disagreements regarding controlled and assisted community homes. These homes are provided by voluntary organisations but operated in partnership with a local authority. When a dispute arises between the designated local authority, the voluntary organisation, or another authority placing a looked-after child in the home, either party can refer the disagreement to the Secretary of State.
The Secretary of State has the authority to determine the dispute and issue binding directions to the involved local authority or voluntary organisation. This determination power applies even if the specific matter in dispute is normally reserved to one of the parties under Schedule 4.
However, this referral mechanism does not apply to disagreements regarding religious instruction if the home's trust deed gives authority over such matters to a bishop or other ecclesiastical body.
When it applies
- A local authority placing a looked-after child in an assisted community home disagrees with the voluntary organisation providing the home over placement terms.
- The voluntary organisation providing a controlled community home conflicts with the managing local authority over operational management decisions.
- A secondary local authority attempting to place a looked-after child in a controlled home clashes with the local authority named in the home's instrument of management.
What this section does not say
- Disputes concerning the complete closure of a controlled or assisted community home by a local authority.
- Disagreements over a voluntary organisation discontinuing a community home.
- Disputes over religious instruction where a trust deed grants deciding authority to a bishop or denominational body.
Related sections
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This page reproduces the text of CA 1989 s. 55 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.