Abducting a child in care CA 1989 s. 49
Taking or keeping a child under care, EPO, or police protection carries up to six months imprisonment, a level 5 fine, or both under CA 1989 s. 49.
A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he— takes a child to whom this section applies away from the responsible person; keeps such a child away from the responsible person; or induces, assists or incites such a child to run away or stay away from the responsible person. This section applies in relation to a child who is— in care; the subject of an emergency protection order; or in police protection, and in this section “ the responsible person ” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be. A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
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 provision makes it a criminal offence to remove, retain, or encourage a child to stay away from the person legally responsible for them when that child is under official protection or local authority care. To commit the offence, a person must act knowingly and without lawful authority or reasonable excuse.
It applies specifically to children who are in local authority care, subject to an emergency protection order, or held in police protection under section 46. The responsible person means anyone who has legal custody or care of the child by virtue of those orders or statutory provisions.
Anyone convicted of this offence on summary conviction faces penalties of up to six months imprisonment, a fine up to level 5 on the standard scale, or both.
When it applies
- A birth parent takes their child from a foster home without permission while a care order is active.
- A relative keeps a child hidden and refuses to return them after an emergency protection order is granted.
- An adult encourages a youth to run away from temporary accommodation provided under section 46 police protection.
What this section does not say
- Custodial disputes between parents where no care order, emergency protection order, or police protection applies.
- Court orders authorizing officers to search for and recover an abducted child.
- Protections for operating an authorized shelter for runaway young people.
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This page reproduces the text of CA 1989 s. 49 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.