Section 22Part 3 — THE DEPARTMENT'S SUPPORT FOR CHILDREN AND FAMILIES
Provision of accommodation for children: general
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The Department shall provide accommodation for any child in need who appears to the Department to require accommodation as a result of —
there being no person who has parental responsibility for him;
his being lost or having been abandoned; or
the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.
The Department may provide accommodation for any child in need who has reached the age of 16 and whose welfare the Department considers is likely to be seriously prejudiced if it does not provide him with accommodation.
The Department may provide accommodation for any child (even though a person who has parental responsibility for him is able to provide him with accommodation) if it considers that to do so would safeguard or promote the child's welfare.
The Department may provide accommodation for any person who has reached the age of 16 but is under 21 in any community home which takes children who have reached the age of 16 if the Department considers that to do so would safeguard or promote his welfare.
Before providing accommodation under this section, the Department shall, so far as is reasonably practicable and consistent with the child's welfare —
ascertain the child's wishes and feelings regarding the provision of accommodation; and
give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as it has been able to ascertain.
The Department may not provide accommodation under this section for any child if any person who —
has parental responsibility for him; and
is willing and able to —
provide accommodation for him; or
arrange for accommodation to be provided for him, objects.
Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the Department under this section.
Subsections (6) and (7) do not apply while any person —
in whose favour a residence order is in force with respect to the child; or
who has care of the child by virtue of an order made in the exercise of the Grand Court's inherent jurisdiction with respect to children, agrees to the child being looked after in accommodation provided by or on behalf of the Department.
Where there is more than one such person as is mentioned in subsection (8), all of them must agree.
Subsections (6) and (7) do not apply where a child who has reached the age of 16 agrees to being provided with accommodation under this section.