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Social Services and Well-being (Wales) Act 2014

Section 77 - Accommodation for children in police protection or detention or on remand etc

250.Section 77 requires the local authority to provide accommodation for children:

a.

who are removed or kept away from home under Part 5 of the Children Act 1989;

b.

subject to police protection under section 46(3)(f) of the Children Act 1989;

c.

whom it is requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;

d.

who are remanded by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000;

e.

who are remanded by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008;

f.

who are remanded by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959; or subject to a youth rehabilitation order imposing a residence or fostering requirement.

251.Where costs are incurred by a local authority as a result of a child being removed under Part 5 of the Children Act 1989, being detained under section 38 of the Police and Criminal Evidence Act 1984, or where the child is not provided with accommodation by the local authority, or by a local health board or NHS Trust (or by equivalent bodies in England), those costs are recoverable from the local authority where the child is ordinarily resident.

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