Notification of child accommodation CA 1989 s. 85
NHS trusts, health authorities, and education authorities accommodating a child for three months must notify the home local council under CA 1989 s. 85.
Where 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”)— for a consecutive period of at least three months; or with 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. Where 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. Where a child is provided with accommodation— by a body which is not mentioned in subsection (1), and pursuant 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. In 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. In this section “ the responsible authority ” means— the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or where 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. In this section and sections 86 and 86A “ the appropriate officer ” means— in relation to a local authority in England, their director of children's services; and in relation to a local authority in Wales, their director of social services . Where 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— take 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; and consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child. For 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.
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 85 requires health bodies (such as Special Health Authorities, NHS trusts, NHS foundation trusts, NHS England, and integrated care boards) or local authorities exercising education functions to send a formal notification when accommodating a child for a consecutive period of at least three months, or when intending to do so. A notification must also be sent when that accommodation comes to an end.
The notice must be sent to the director of children's services in England (or director of social services in Wales) for the local authority where the child was ordinarily resident before being placed. If the child had no ordinary residence, notice goes to the authority where the facility is located. Once notified, that home local authority must take reasonably practicable steps to review the child's welfare and decide whether to exercise its statutory welfare powers, treating the child as being within its area even if placed elsewhere.
When it applies
- An NHS trust admits a child to a hospital rehabilitation unit for a planned stay of more than three months.
- A local authority places a child in a residential board school under its education functions for a consecutive term exceeding three months.
- An integrated care board arranges long-term placement for a disabled child with an independent healthcare provider under the National Health Service Act 2006.
What this section does not say
- Placements of children directly into care homes or independent hospitals without NHS statutory arrangements, which are governed by section 86.
- Arrangements for children accommodated in boarding schools and colleges generally, which are governed by section 87.
- Short hospital stays or temporary respite care lasting less than three months where no longer stay was intended.
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 85 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.