Accommodation & maintenance duty: CA 1989 s.23
Local authorities must provide accommodation and maintenance for children they are looking after under the Children Act 1989, section 23.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Section 23 of the Children Act 1989 places a duty on local authorities to provide accommodation and maintenance for any child they are looking after.
This applies to all children who are looked after by the local authority under the Act, whether in care or accommodated voluntarily.
The duty requires the local authority to provide both a suitable place to live and the financial means to support the child, including food, clothing, and other essentials.
When it applies
- A child is taken into care by the local authority and needs a foster placement.
- A child is accommodated by the local authority because their parents are unable to care for them.
- A child is placed in a children's home by the local authority and needs daily living expenses covered.
- A child who is looked after while subject to a care order requires the local authority to provide a home and maintenance.
What this section does not say
- This section does not cover the duty to provide accommodation for children in police protection or detention (section 21).
- It does not cover the general duty of the local authority in relation to looked after children (section 22).
- It does not cover the specific duty to maintain looked after children (section 22B) – that section may set out separate maintenance obligations.
- It does not cover the detailed regulations on how accommodation and maintenance are to be arranged (sections 22C and 22D).
Related sections
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 23 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.