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Children Act 1989
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Changes over time for: Section 86
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Children Act 1989, Section 86 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 4(1A)(aa) inserted by 2009 c. 24 Sch. 6 para. 21(3)
- s. 4(1C) inserted by 2009 c. 24 Sch. 6 para. 21(4)
- s. 4ZA(2)(aa) inserted by 2009 c. 24 Sch. 6 para. 22(3)
- s. 4ZA(3A) inserted by 2009 c. 24 Sch. 6 para. 22(4)
- s. 8(4)(k) inserted by 2021 c. 17 s. 52(1)
- s. 31A(4A) inserted by 2014 c. 6 s. 15(2)(b)
86[F1 Children accommodated in care homes or independent hospitals.]E+W
(1)Where a child is provided with accommodation [F2in England] in any [F3care home or independent hospital]—
(a)for a consecutive period of at least three months; or
(b)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 [F4the establishment in question] shall notify [F5the appropriate officer of] the local authority within whose area [F6the establishment] is carried on.
(2)Where subsection (1) applies with respect to a child, the person carrying on [F7the establishment] shall also notify [F8the appropriate officer of] that authority when he ceases to accommodate the child in [F7the establishment] .
(3)Where [F9the appropriate officer of a local authority has] been notified under this section, [F10the local authority] shall—
(a)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 [F11the establishment in question] ; and
(b)consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
(4)If the person carrying on any [F12care home or independent hospital] fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.
(5)A person authorised by a local authority [F13in England] may enter any [F3care home or independent hospital] within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.
(6)Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
(7)Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
(8)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.
Textual Amendments
F1S. 86: sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F2Words in s. 86(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 103(a)
F3Words in s. 86(1)(5) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F4Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(a), 44; S.I. 2010/2981, {art. (2(a)}
F5Words in s. 86(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(b), 44; S.I. 2010/2981, {art. (2(a)}
F6Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(c), 44; S.I. 2010/2981, {art. (2(a)}
F7Words in s. 86(2) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(a), 44; S.I. 2010/2981, {art. (2(a)}
F8Words in s. 86(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(b), 44; S.I. 2010/2981, {art. (2(a)}
F9Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(a), 44; S.I. 2010/2981, {art. (2(a)}
F10Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(b), 44; S.I. 2010/2981, {art. (2(a)}
F11Words in s. 86(3)(a) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(c), 44; S.I. 2010/2981, {art. (2(a)}
F12Words in s. 86(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(10), 44; S.I. 2010/2981, {art. (2(a)}
F13Words in s. 86(5) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 103(b)
Commencement Information
I1S. 86 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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