Accommodate children in police protection etc CA 1989 s.21
Local authorities must accommodate children in police protection, detention, or remand; expenses recoverable from ordinary residence authority.
Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V. Every local authority shall receive, and provide accommodation for, children— in police protection whom they are requested to receive under section 46(3)(f); whom they are requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984; who are— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc. of referral orders and reparation orders); remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc. of youth rehabilitation orders); . . . remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act); the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering, and with respect to whom they are the designated authority. In subsection (2)(c)(iii)— “ local authority residence requirement ” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code; “ youth rehabilitation order ” has the meaning given by section 173 of that Code; “ youth rehabilitation order with fostering ” has the meaning given by section 176 of that Code. Where a child has been— removed under Part V; or detained under section 38 of the Police and Criminal Evidence Act 1984, and he is not being provided with accommodation by a local authority or by a local authority in Wales or in a hospital vested in the Secretary of State or , the Welsh Ministers ..., or otherwise made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or a Health Authority Local Health Board ..., any reasonable expenses of accommodating him shall be recoverable from the local authority , or local authority in Wales, in whose area he is ordinarily resident.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section requires every local authority to make arrangements to receive and accommodate children who are taken into police protection, detained under the Police and Criminal Evidence Act 1984 (section 38(6)), or remanded by a court under specific provisions of the Sentencing Code or the Street Offences Act 1959. It also covers children removed from home under Part V of the Children Act 1989, which deals with emergency protection and police protection (not care orders).
When a child is removed or detained but is not being accommodated by a local authority or in a hospital, the local authority where the child ordinarily lives must pay the reasonable expenses. The section also defines terms like "local authority residence requirement" and "youth rehabilitation order with fostering" by cross-referencing the Sentencing Code.
When it applies
- A child is found alone and at risk; police take them into protection and request the local authority to provide accommodation.
- A 15-year-old is arrested and held in police custody; the custody officer asks the local authority to receive the child under section 38(6) of PACE.
- A youth court remands a 16-year-old to local authority accommodation because they breached a referral order (Schedule 4 of Sentencing Code).
- A child is removed under an emergency protection order (Part V) and the local authority must provide a place.
- A child subject to a youth rehabilitation order with fostering is placed with the local authority as the designated authority.
What this section does not say
- Voluntary accommodation arranged under section 20 (e.g., a parent asks the local authority to look after their child temporarily).
- Care orders made under Part IV of the Act (those are covered by other sections like section 22).
- Children remanded to secure accommodation (that is governed by separate remand provisions).
- Hospital costs for a child placed in an NHS hospital (those are covered by NHS arrangements).
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This page reproduces the text of CA 1989 s. 21 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.