Commentary on Sections Children in long term care
85.Section 85 of the 1989 Act requires a health body (e.g. a Primary Care Trust) or a local education authority (i.e. a local authority exercising its education functions), when providing accommodation for  a child for at least three months, or when ceasing to provide accommodation for a child, to notify the local authority for the area where the child is ordinarily resident of the placement (the “responsible authority”). On receiving a notification of this kind, the responsible authority must take such steps as are reasonably practicable to ensure that the welfare of a child (of whom it has been notified under the requirements above) is adequately promoted and safeguarded, and consider whether it needs to exercise its functions under the 1989 Act, for example the provision of services such as parenting support under section 17, if it determines that the child is a “child in need” within the meaning of that section.
86.Section 86 of the 1989 Act requires a person carrying on a care home or independent hospital to notify the responsible authority of any child placed at their establishment in similar circumstances; and places similar duties on the responsible authority so notified.
87.The children to whom these sections relate are most likely to be placed in one of the following settings:
	Children’s homes;
	Care homes and independent hospitals;
	Health service hospitals; or
	Residential schools including maintained boarding schools; non-maintained special schools; independent boarding schools and colleges.
88.Most residential schools accommodating children to whom section 85  applies will be children’s homes within the meaning of section 1 of the Care Standards Act 2000.