The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012

These Regulations are made under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (“the 2012 Act”) and extend to England and Wales. Section 104(1) of the 2012 Act makes provision that where a child is remanded to youth detention accommodation, they will be treated as a child who is looked after by the designated local authority. These Regulations provide that certain duties of local authorities under the Children Act 1989 (“the 1989 Act”) in relation to looked after children do not apply in relation to children where they are remanded to youth detention accommodation (“a relevant child”). The relevant duties under the 1989 Act which do not apply in relation to such children are in section 22C (ways in which looked after children are to be accommodated and maintained), section 22D (review of a child’s case before making alternative arrangements for accommodation), section 23(2) to (8) (until such time as section 8 of the Children and Young Persons Act 2008 comes fully into force in relation to Wales) and paragraph 21 of Schedule 2 (liability to contribute towards maintenance of looked after children). Saving provisions are made in relation to the Care Planning, Placement and Case Review (England) Regulations 2010 and for the purpose of making regulations under section 23 of the 1989 Act.