Visits for children notified to authority CA 1989 s. 86A
Under CA 1989 s. 86A, local authorities in England must arrange for a qualified representative to visit children notified under section 85(1) or 86(1).
86A This section applies if the appropriate officer of a local authority in England — has been notified with respect to a child under section 85(1) or 86(1) “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014 ; and has not been notified with respect to that child under section 85(2) , 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be . The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”). It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3). Regulations under this section may make provision about— the frequency of visits under visiting arrangements; circumstances in which visiting arrangements must require a child to be visited; and additional functions of a representative. Regulations under this section are to be made by the Secretary of State .... In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative. In this section “ visiting arrangements ” means arrangements made under subsection (2).
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 provision applies when a local authority in England receives notice regarding an accommodated child under section 85(1) or 86(1), or section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014, and has not received a discharge notification under section 85(2), 86(2), or section 120(2)(b).
When these conditions are met, the local authority must establish visiting arrangements by appointing a representative. The authority must ensure the representative has the skills and experience necessary to visit the child and to advise the authority on fulfilling its statutory duties under section 85(4) or 86(3). Regulations made by the Secretary of State specify the frequency of visits, the required circumstances for visiting, and any additional representative functions.
When it applies
- A local authority receives notice that a child has been placed in an independent hospital under section 86(1) and must set up visiting arrangements.
- An officer is notified under section 85(1) that a child is accommodated long-term by a health authority and has not been notified of discharge under section 85(2).
- A council assesses whether a prospective visitor holds the requisite skills to advise the authority under section 86(3).
What this section does not say
- Routine regulatory inspections of residential care homes or accommodation facilities.
- Resolving private family disputes over residence or contact between parents.
- Direct financial support or funding grants provided to health bodies.
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This page reproduces the text of CA 1989 s. 86A 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.