Refuges for children at risk CA 1989 s. 51
Explains Secretary of State certificates for certain homes and foster parents providing refuges for children at risk, exempting them from abduction offences.
Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home. Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent. In subsection (2) “ foster parent ” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation. The Secretary of State may by regulations— make provision as to the manner in which certificates may be issued; impose requirements which must be complied with while any certificate is in force; and provide for the withdrawal of certificates in prescribed circumstances. Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home. Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation. The provisions are— section 49; articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales; section 32(3) of the Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales; section 2 of the Child Abduction Act 1984.
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 51 allows the Secretary of State to issue a certificate for a voluntary home, a private children's home, or a foster parent (as defined) that is being used to provide a refuge for children at risk of harm. The certificate exempts the holder from certain criminal offences that would otherwise apply to harbouring or abducting a child.
The offences that do not apply while the certificate is in force are: section 49 of the Children Act 1989 (abduction of children in care etc.), section 32(3) of the Children and Young Persons Act 1969 (compelling absence from detention), section 2 of the Child Abduction Act 1984, and certain provisions of the Children's Hearing (Scotland) Act 2011 order as they apply in England and Wales.
Regulations made by the Secretary of State govern how certificates are issued, what requirements must be complied with, and how they can be withdrawn.
When it applies
- A voluntary home registers as a refuge for teenagers who have run away from abusive families, and the Secretary of State issues a certificate so that the home's staff cannot be prosecuted under section 49 for keeping the children.
- A local authority identifies a foster parent willing to take in a child who is at immediate risk of harm and arranges for a certificate under this section to protect the foster parent from charges under the Child Abduction Act 1984.
- A private children's home that normally accommodates children in care decides to offer short-term refuge for a child who went missing from another placement; a certificate is obtained to avoid liability under section 32(3) of the Children and Young Persons Act 1969.
- The Secretary of State issues regulations setting out the application process for a certificate, including the information required and the duration of the certificate.
What this section does not say
- It does not give the refuge any power to keep the child against the wishes of a court or local authority; other legal orders (e.g., emergency protection orders under s.44) still apply.
- It does not protect the refuge from liability for abuse or neglect of the child; only the specific listed offences are exempted.
- It does not apply to refuges for adults or for children not at risk of harm – the child must appear to be at risk of harm.
- It does not automatically apply to any home or foster parent; a certificate must be issued by the Secretary of State.
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This page reproduces the text of CA 1989 s. 51 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.