Duty to accommodate children in care CA 1989 s. 22A
Local authority must provide accommodation to any child in its care (CA 1989 s. 22A). This duty is immediate and ongoing.
22A When a child is in the care of a local authority, it is their duty to provide the child with accommodation.
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
If a local authority has a care order for a child (the child is 'in care'), it must provide the child with accommodation. This is a legal duty, not a discretion.
The term 'in care' means the child is subject to a care order under section 31 or an interim care order. The duty does not specify the type or standard of accommodation – it could be a foster placement, a children’s home, or other suitable setting.
This section is separate from sections 20 (provision of accommodation for children generally), 21 (accommodation for children in police protection), and 22 (general duty for looked-after children). It applies only when the child is already in care.
When it applies
- A child in care whose foster placement breaks down suddenly; the local authority must provide alternative accommodation immediately.
- A child placed in care by the court but the authority has no empty foster home; they must still provide accommodation, e.g., in a residential children’s home.
- A child in care who runs away from placement; when found, the authority must provide accommodation again.
- A child in care whose care order continues but parents want the child back home; the authority must accommodate the child until the order ends.
What this section does not say
- This section does not apply to children who are not in care, even if the authority is providing accommodation voluntarily under section 20.
- It does not specify the quality or location of the accommodation, only that it must be provided.
- It does not cover the cost or maintenance of the accommodation (that falls under section 22b).
- It does not apply to accommodation for children in police protection or detention (section 21 deals with that).
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This page reproduces the text of CA 1989 s. 22A 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.