Recoupment of cost of providing services CA 1989 s. 29
Local authorities can charge for s.17/18 services (except advice). Charges are reasonable; means-tested. Exemptions for benefit recipients.
Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable. Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay. No person shall be liable to pay any charge under subsection (1) for a service provided under section 17 or section 18(1) or (5) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance . No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of an income-based jobseeker's allowance or of an income-related employment and support allowance . No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when— he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or he is a member of a couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit. The persons are— where the service is provided for a child under sixteen, each of his parents; where it is provided for a child who has reached the age of sixteen, the child himself; and where it is provided for a member of the child’s family, that member. Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt. Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the Child Care Act 1980. Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority or the area of a local authority in Wales , they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him. Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority or the area of a local authority in Wales and they are not maintaining him in— a community home provided by them; a controlled community home; or a hospital vested in the Secretary of State or , the Welsh Ministers ... or any other hospital 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 by ..., a Local Health Board ..., , they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him. Except where subsection (10) or subsection (11) applies, Where a local authority comply with any request under section 27(2) or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority or a local authority in Wales in whose area the child or person is ordinarily resident any reasonable expenses incurred by them in respect of that person. Where a local authority (“ authority A ”) comply with any request under section 27(2) from another local authority (“ authority B ”) in relation to a child or other person— whose responsible authority is authority B for the purposes of section 23B or 23C; or whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a), authority A may recover from authority B any reasonable expenses incurred by them in respect of that person. Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
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 allows local authorities to charge for services they provide under sections 17 or 18 of the Children Act 1989, but not for advice, guidance or counselling. The charge must be reasonable, and if the person cannot afford it, they only have to pay what they can reasonably be expected to pay.
Certain people are exempt from paying charges while they are receiving means-tested benefits such as universal credit, income support, jobseeker's allowance, or employment and support allowance. The exemptions differ depending on whether the service is provided under section 17, section 18(1) or (5), or section 18(2) or (6).
This section also covers recovery of expenses between local authorities. For example, if one authority provides accommodation for a child who is ordinarily resident in another authority's area, it can recover reasonable expenses from that other authority. Similar rules apply for cooperation requests and other situations.
When it applies
- A local authority provides a social worker to a child under section 17 and wants to charge the parents.
- A local authority accommodates a child under section 20 and seeks to recover the costs from the child's home local authority.
- A parent who is on universal credit is asked to pay for a service provided under section 18(1) and claims exemption.
- A 16-year-old child receives a service under section 18 and is personally charged, but the child is on income support.
- A local authority complies with a request from another authority under section 27 and then bills that authority for the expenses.
What this section does not say
- This section does not cover charging for advice, guidance or counselling services – those are free.
- It does not set the exact amount of charges; it only says charges must be reasonable.
- It does not apply to services provided under sections other than 17, 18, 20, 21, or 27 (unless specifically mentioned in the provision).
- It does not govern the initial assessment of a child's needs or the decision to provide a service.
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This page reproduces the text of CA 1989 s. 29 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.