Children Act 1989, section 30

Miscellaneous

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1)Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.

(2)Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the [F526 Secretary of StateF526] [F527 but see subsection (2C)F527] .

F528( 2A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F528( 2B ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F529 (2C)Any question arising as to whether a child is ordinarily resident—

(a)in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or

(b)in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,

shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.F529]

[F529 (2D)The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).F529]

(3)F530 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The [F531 Secretary of StateF531] may make regulations for determining, as respects any [F532 dfneducationF532] functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.F449]

Definitions used in section 30 5

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
ordinary residence

(6) In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—

(a)which is a school or other institution;

(b) in accordance with the requirements of a supervision order under this Act ...;

(ba)in accordance with the requirements of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code ; or

(c)while he is being provided with accommodation by or on behalf of a local authority.

Defined in s.105(6) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act

Cases considering section 30 6

R (W) v Lambeth London Borough Council

[2002] EWCA Civ 613 · 3 May 2002Interprets

Section 30(1) preserved duties imposed by other enactments. The court used it to reject an interpretation of Part III that made the housing and social services schemes mutually exclusive. (see paras [4], [32], [61]-[63])

Cornwall Council, R (on the application of) v Wiltshire Council & Ors (Rev 1)

[2012] EWHC 3739 (Admin) · 21 December 2012Interprets

Interprets the interaction between Part III of the 1989 Act and other enactments. Because section 23C is in Part III, it could not affect a duty under section 21 of the National Assistance Act 1948 where that duty was otherwise engaged. (see paras [57]-[60])

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors

[2014] EWCA Civ 12 · 18 February 2014

Section 30 preserves duties imposed by other enactments. It supported the view that Children Act and National Assistance Act powers may be complementary rather than mutually exclusive. (see paras [21]; [55])

What each judgment says about section 30 is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F526Words in s. 30(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(a)(i)
  2. F527Words in s. 30(2) 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), 95(a)(ii)
  3. F528S. 30(2A)(2B) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(b)
  4. F529Words in s. 30(2C)(2D) 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), 95(c)
  5. F530S. 30(3) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(6)(a), Sch. 3 Pt. 2
  6. F531Words in s. 30(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(d)
  7. F532Words in s. 30(4) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(6)(b)
  8. F449Ss. 25A, 25B and cross-heading inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., and and 1.4.2011 otherwise for E.) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44; S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5)

Commencement

  1. I27S. 30 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)