Remedy
Start free

Section 86: Children accommodated in care homes or independent hospitals.

Children Act 1989 · 1989 c. 41View on legislation.gov.uk

Part XII: Miscellaneous and General

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.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.