Children Act 1989, section 21

Provision of accommodation for children in police protection or detention or on remand, etc

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1)Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.

(2)Every local authority shall receive, and provide accommodation for, children—

(a)in police protection whom they are requested to receive under section 46(3)(f);

(b)M11whom they are requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;

(c)who are—

F306(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F307 (ia) remanded to accommodation provided by or on behalf of a local authority by virtue of [F308 paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing CodeF308] (breach etc. of referral orders and reparation orders);F307]

[F309 (ii) remanded to accommodation provided by or on behalf of a local authority by virtue of [F310 paragraph 25 of Schedule 7 to that CodeF310] (breach etc. of youth rehabilitation orders); F311 . . . F309]

[F312 (iia)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);F312]

[F313 (iii)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,F313]

and with respect to whom they are the designated authority.

[F314 (2A)In subsection (2)(c)(iii)—

  • “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

  • “youth rehabilitation order” has the meaning given by section 173 of that Code;

  • “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code. F314]

(3)Where a child has been—

(a)removed under Part V; or

(b)detained under section 38 of the Police and Criminal Evidence Act 1984,

F318,F318and he is not being provided with accommodation by a local authority[F315 or by a local authority in WalesF315] or in a hospital vested in the [F316Secretary of State orF316][F317 , the Welsh MinistersF317] ..., [F319or otherwise made available pursuant to arrangements made by [F320 the Secretary of State, [F321 NHS EnglandF321] or [F322 an integrated care boardF322] under the National Health Service Act 2006 orF320] a [F323 Health AuthorityF323,F319]] [F324 Local Health BoardF324] ..., any reasonable expenses of accommodating him shall be recoverable from the local authority[F325 , or local authority in Wales,F325] in whose area he is ordinarily resident.

Definitions used in section 21 7

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
hospital

“hospital” ... has the same meaning as in the Mental Health Act 1983 , except that it does not include a special hospital within the meaning of that Act;

Defined in s.105(1) · see it in the full Act
integrated care board

“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006 ;

Defined in s.105(1) · see it in the full Act
health

“health” means physical or mental health.

Defined in s.17(11) · see it in the full Act
Local Health Board

“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ;

Defined in s.105(1) · see it in the full Act

Cases considering section 21 10

M, R (on the application of) v Gateshead Council

[2006] EWCA Civ 221 · 14 March 2006Interprets

The provision creates an absolute duty to make provision for reception and accommodation, while leaving the authority discretion over the type of accommodation, subject to section 25. (see para [36]) Section 21(2) imposes an absolute duty to receive and provide accommodation in the specified circumstances, while leaving discretion over whether that accommodation should be secure. (see paras [37]-[45]) The provision imposes an absolute duty to provide accommodation for a child whom the police request the authority to receive. The authority retains discretion, subject to section 25, over secure accommodation. (see paras [23]-[24]; [37]) The authority receiving the police request owes an absolute duty to provide accommodation, but not secure accommodation. It has a discretion to provide secure accommodation and must maintain a reasonable response system which advances the objective of avoiding juvenile detention in police cells so far as practicable. (see paras [25]; [41]-[48]) Its express reference to the designated authority demonstrated that Parliament deliberately specified the responsible authority where that was intended, supporting a literal construction of section 21(2)(b). (see paras [20]; [22]-[24])

AR (A Child), R (On the Application Of) v The London Borough of Waltham Forest

[2020] EWHC 622 (Admin) · 16 March 2020Interprets

Applies the duty to receive and provide accommodation for children requested under <span class="legis">Police and Criminal Evidence Act 1984</span>, s 38(6). The duty requires a reasonable system for responding to secure-accommodation requests but does not guarantee that secure accommodation will be available in every case. (see paras [2], [6], [72]-[76])

BG, R (On the Application Of) v West Midlands Constabulary & Anor

[2014] EWHC 4374 (Admin) · 23 December 2014Limits

The court noted that section 21(2)(b) imposes an absolute duty to provide accommodation, but not an absolute duty to provide secure accommodation whenever requested. The issue was unnecessary to decide on the facts. (see paras [55]-[57])

What each judgment says about section 21 is in the case-law panel in the full Act.

Amendments and notes

22 notes from legislation.gov.uk

Amendments

  1. F306S. 21(2)(c)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 24; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  2. F307S. 21(2)(c)(ia) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 105 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  3. F308Words in s. 21(2)(c)(ia) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  4. F309S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  5. F310Words in s. 21(2)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  6. F311Word in s. 21(2)(c)(ii) repealed (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(1), Sch. 7 para. 21, Sch. 8 Pt. 2; S.I. 2010/507, art. 5(v)(x)
  7. F312S. 21(2)(c)(iia) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(1), Sch. 7 para. 21; S.I. 2010/507, art. 5(v)
  8. F313S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)
  9. F314S. 21(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(3) (with Sch. 27); S.I. 2020/1236, reg. 2
  10. F318Words in s. 21(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  11. F315Words in s. 21(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 68(a)
  12. F316Words in s. 21(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  13. F317Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5
  14. F319Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(1)
  15. F320Words in s. 21(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  16. F321Words in s. 21 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  17. F322Words in s. 21(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 28; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  18. F323Words in s. 21(3) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(3) (with Sch. 2 para. 6)
  19. F324Words in s. 21(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(a)}
  20. F325Words in s. 21(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 68(b)

Commencement

  1. I20S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M111984 c. 60.