PART IVSUPPORT FOR CHILDREN AND THEIR FAMILIES

Children looked after by an authority

Accommodation and maintenance for children27

1

Every authority looking after a child shall—

a

when he is in the care of the authority, provide accommodation for him; and

b

maintain him in other respects apart from providing accommodation for him.

2

An authority shall provide accommodation and maintenance for any child whom it is looking after by—

a

placing him (subject to paragraph (5) and any regulations made by the Department) with—

i

a family;

ii

a relative of his; or

iii

any other suitable person,

on such terms as to payment by the authority and otherwise as the authority may determine;

b

maintaining him in a home provided under Part VII;

c

maintaining him in a voluntary home;

d

maintaining him in a registered children’s home;

e

maintaining him in a home or institution provided by a government department or a prescribed public body; or

f

making such other arrangements as—

i

seem appropriate to the authority; and

ii

comply with any regulations made by the Department.

3

Any person with whom a child has been placed under paragraph (2)(a) is referred to in this Order as an authority foster parent unless he falls within paragraph (4).

4

A person falls within this paragraph if he is—

a

a parent of the child;

b

a person who is not a parent of the child but who has parental responsibility for him; or

c

where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.

5

Where a child is in the care of an authority, it may only allow him to live with a person who falls within paragraph (4) in accordance with regulations made by the Department.

6

For the purposes of paragraph (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours.

7

Subject to any regulations made by the Department for the purposes of this paragraph, any authority looking after a child shall make arrangements to enable him to live with—

a

a person falling within paragraph (4); or

b

a relative, friend or other person connected with him,

unless that would not be reasonably practicable or consistent with his welfare.

8

Where an authority provides accommodation for a child whom it is looking after, the authority shall, subject to the provisions of this Part and so far as is reasonably practicable and consistent with his welfare, secure that—

a

the accommodation is near his home; and

b

where the authority is also providing accommodation for a sibling of his, they are accommodated together.

9

Where an authority provides accommodation for a child whom it is looking after and who is disabled, the authority shall, so far as is reasonably practicable, secure that the accommodation is not unsuitable to his particular needs.