PART 1SOCIAL CARE

CHAPTER 1PROVISION OF SOCIAL CARE SERVICES TO CHILDREN: RESTRICTIONS ON PROFIT

Local authority functions in respect of accommodation for looked after children

10Local authority duty to secure sufficient accommodation

section 10 1 + (1)The 2014 Act is amended as follows.

section 10 2 + (2)Section 75 is amended as is set out in subsections (3) to (6).

section 10 3 + (3)In subsection (1)—

section 10 3 a + (a)for “steps that secure, so far as reasonably practicable,” substitute “all reasonable steps to secure”;

section 10 3 b + (b)in paragraph (a)—

section 10 3 b i + (i)after “within” insert “, or is near to,”;

section 10 3 b ii + (ii)at the end, omit “and”;

section 10 3 c + (c)after paragraph (a) insert—

“(aa)in the case of accommodation with a local authority foster parent, is accommodation with a foster parent who is authorised as such by a person described in section 81A(4)(a),

(ab)in the case of accommodation in a children’s home, is accommodation in a children’s home in respect of which a person described in section 81A(4)(b) is registered, and”.

section 10 4 + (4)In subsection (2), in paragraph (c), for “in” substitute “within, or is near to,”.

section 10 5 + (5)In subsection (3), for the words from “having” to the end substitute “there being a range of accommodation that—

“(a)is within, or is near to, the authority’s area, and

(b)is capable of meeting the differing needs of the children mentioned in subsection (2).”

section 10 6 + (6)In subsection (4), for the words from “accommodation providers” to the end substitute term childrens home + “and in section 75A, “children’s home” means a place in Wales‍ at which a children’s home service (within the meaning of section 2A(2) of the Regulation and Inspection of Social Care (Wales) Act 2016) is provided.”.

section 10 7 + (7)In section 197(1), in the definition of “children’s home”, in paragraph (b), at the beginning insert “except in sections 75 and 75A,”.