Notification duty for children in care homes CA 1989 s.86
Requires care homes and independent hospitals in England to notify local authority if a child stays 3+ months or intended; sets offence and entry powers.
Where a child is provided with accommodation in England in any care home or independent hospital — for a consecutive period of at least three months; or with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period, the person carrying on the establishment in question shall notify the appropriate officer of the local authority within whose area the establishment is carried on. Where subsection (1) applies with respect to a child, the person carrying on the establishment shall also notify the appropriate officer of that authority when he ceases to accommodate the child in the establishment . Where the appropriate officer of a local authority has been notified under this section, 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 in the establishment in question ; and consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child. If the person carrying on any care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence. A person authorised by a local authority in England may enter any care home or independent hospital within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with. Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence. Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so. Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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 applies when a child is placed in a care home or independent hospital in England for a consecutive period of at least three months, or when the person deciding to accommodate the child intends that the stay will last that long. The person running the establishment must notify the 'appropriate officer' of the local authority where the establishment is located. The same person must also notify the local authority when the child stops being accommodated there.
Once notified, the local authority must take steps to check whether the child’s welfare is being looked after properly, and must consider whether to use any of its powers under the Children Act 1989 to help the child. If the person running the establishment fails to notify without a reasonable excuse, they commit an offence. A person authorised by the local authority can enter the premises to check compliance, but must show identification if asked. Intentionally obstructing that person is also an offence. Any offence under this section is punishable on summary conviction by a fine up to level 3 on the standard scale.
When it applies
- A child is placed in a private care home for three months while their parents receive medical treatment.
- A hospital admits a child for long-term psychiatric care and intends the stay to exceed three months from the start.
- A care home director does not tell the local authority about a child who has lived there for four months.
- A local authority social worker visits a care home to inspect records and check whether notifications were made.
- A child who was notified to the local authority moves out of the care home, and the home notifies the authority of the departure.
What this section does not say
- Children in boarding schools – these are covered under section 87 of the same Act, not this section.
- Children placed by health authorities or local education authorities – section 85 deals with those cases.
- Short stays of less than three months where there was no intention to stay longer – no notification duty arises.
- Care homes or independent hospitals in Wales – separate provisions (e.g. section 79T) apply there.
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This page reproduces the text of CA 1989 s. 86 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.