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Make
provision about the services provided by local authorities in
relation to |
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the care of children in
care in custody; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Responsibility
for children in care who enter custody |
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(1) |
The Children
Act 1989 (c. 41) is amended as follows. |
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(2) |
In section 20, after subsection
(11) insert— |
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“(12) |
Where a child was accommodated
by the local authority under this |
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section
immediately before being detained, the child shall continue
to |
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be
deemed a “looked after child” for the purposes of
section 23(1)(b) |
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and
section 24 of this Act save for the provision of accommodation. |
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(13) |
In this section “detained”
means detained in a remand centre, a young |
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offenders
institution or a secure training centre, or any other institution
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pursuant
to an order of a court.” |
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(3) |
In section 22, after subsection
(1)(b) insert— |
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“(c) |
deemed to be looked after
in accordance with section 20(12).”. |
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2 |
Duty
of local authorities towards children in care |
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(1) |
The Secretary of State
shall within six months of the passing of this Act issue |
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guidance setting out the
standards he requires local authorities to meet when |
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15 |
fulfilling their duties
by virtue of section 20 (12) of the 1989 Act (as inserted by
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(2) |
It shall be the duty of
local authorities to comply with guidance issued under |
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3 |
Care
of Children in Custody Advisory Panel |
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(1) |
There shall be a body
called the Care of Children in Custody Advisory Panel |
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(2) |
The Panel must be established
within three months of the passing of this Act. |
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(3) |
The Panel shall consist
of not fewer than five nor more than nine members to |
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be appointed by the Secretary
of State, and the Secretary of State shall appoint |
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one member to be the chairman
of the Panel. |
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(4) |
At least one member of
the Panel must be an elected member of a local |
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(5) |
At least one member of
the Panel must be a member of the Youth Justice Board. |
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(6) |
The Secretary of State
may make payment to members of the Panel in respect |
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of expenses incurred by
them in the performance of their duties. |
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(7) |
It shall be the duty of
the Panel to make recommendations to the Secretary of |
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State, in the form of written
reports, as to how to allocate budgetary |
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responsibility for the
care of detained children under section 1 of this Act. |
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(8) |
The reports of the Panel
under subsection (7) shall be published. |
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(9) |
In making their recommendations
the Panel must take account of the guidance |
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issued by the Secretary
of State under section 2 of this Act. |
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(10) |
The Panel must make its
first report under subsection (7) to the Secretary of |
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State within six months
of its appointment. |
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(11) |
The Secretary of State
must— |
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(a) |
consider the recommendations
of the Panel; |
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(b) |
co-operate with the Panel
in taking decisions about their |
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(c) |
take such steps as are necessary
to implement those decisions. |
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25 |
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There
shall be paid out of money provided by Parliament— |
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(a) |
any
expenditure incurred under or by virtue of this Act by the Secretary
of |
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(b) |
any
increase attributable to this Act in the sums payable under
any other Act |
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out
of money so provided. |
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5 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Children in Care (Custody) Act 2009. |
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(2) |
This Act shall come into
force on the day following the day on which the Act is |
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35 |
(3) |
This Act extends to England
and Wales. |
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