Children Act 1989, section 29

Recoupment of cost of providing services etc

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

(1)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.

(2)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.

(3)No person shall be liable to pay any charge under subsection (1) [F499 for a service provided under section 17 or section 18(1) or (5)F499] at any time when he is in receipt [F500 of universal credit (except in such circumstances as may be prescribed),F500] of income support [F501 underF501] [F502 Part VII of the Social Security Contributions and Benefits Act 1992F502] [F503 , of any element of child tax credit other than the family element, of working tax creditF503] [F504 , of an income-based jobseeker's allowance or of an income-related employment and support allowanceF504] .

[F505 (3A)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 [F500 of universal credit (except in such circumstances as may be prescribed),F500] of income support under Part VII of the Social Security Contributions and Benefits Act 1992 [F504 , of an income-based jobseeker's allowance or of an income-related employment and support allowanceF504] .F505]

[F506 (3B)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—

(a)he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or

(b)he is a member of a [F507 coupleF507] (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.F506]

(4)The persons are—

(a)where the service is provided for a child under sixteen, each of his parents;

(b)where it is provided for a child who has reached the age of sixteen, the child himself; and

(c)where it is provided for a member of the child’s family, that member.

(5)Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

(6) 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 M13 Child Care Act 1980.

(7)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 [F508 or the area of a local authority in WalesF508] , they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(8)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 [F509 or the area of a local authority in WalesF509] and they are not maintaining him in—

(a)a community home provided by them;

(b)a controlled community home; or

(c)a hospital vested in the [F510 Secretary of State orF510] [F511 , the Welsh MinistersF511] F512 ... [F513 or any other hospital made available pursuant to arrangements made by [F514 the Secretary of State, [F515 NHS EnglandF515] or [F516 an integrated care boardF516] under the National Health Service Act 2006 or byF514] F517 ..., a [F518 Local Health BoardF518] F512 ...,F513] ,

they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(9)[F519 Except where subsection (10) [F520 or subsection (11)F520] applies,F519] Where a local authority comply with any request under section 27(2) [F521 or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information)F521] in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority [F522 or a local authority in WalesF522] in whose area the child or person is ordinarily resident any [F523 reasonable expensesF523] incurred by them in respect of that person.

[F524 (10) 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—

(a)whose responsible authority is authority B for the purposes of section 23B or 23C; or

(b)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.F524]

[F525 (11) 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. F525]

Definitions used in section 29 10

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
service

“service”, in relation to any provision made under Part III, includes any facility;

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

“prescribed” means prescribed by regulations made under this Act;

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
income-related employment and support allowance

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) ;

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

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
community home

“community home” has the meaning given by section 53;

Defined in s.105(1) · 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
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 29 12

Spink & Anor, R (on the application of) v London Borough of Wandsworth

[2005] EWCA Civ 302 · 18 March 2005

Applies: where services are provided through the Children Act route, the authority may recover a reasonable charge under section 29. This is the applicable charging provision for the disabled-child services in issue. (see paras 18; 36) Applies: where a local authority provides services under section 17 or 18, it may recover a charge it considers reasonable, subject to the statutory limits. (see paras 18; 36) Applies: where a service is provided for a child under 16, each parent is a person from whom a charge may be recovered. Any charge against the parents could therefore relate only to Freddie. (see paras 18; 36) Applies: where a service is provided for a child aged 16 or over, the child is the specified person for recoupment. The parents could not be charged for services provided for Henry on the statutory basis considered. (see paras 18; 36) Applies: a charge may be recovered summarily as a civil debt. The judgment identified this as part of the Children Act charging and recoupment regime. (see para 18)

A v Leicester City Council & London Borough of Hillingdon

[2009] EWHC 2351 (Admin) · 30 July 2009

Recognised as permitting recovery of reasonable expenses from another authority, supporting the conclusion that funding disputes should be resolved after immediate provision is made for the child. (see paras [27], [37], [48]-[52])

R (on the application of G) (FC) (Appellant) v London Borough of Southwark (Respondents)

[2009] UKHL 26 · 20 May 2009Limits

An accommodating authority may recoup its costs from the authority for the area of ordinary residence. This does not qualify the immediate duty owed by the authority in whose area the child is found. (see para [28])

What each judgment says about section 29 is in the case-law panel in the full Act.

Amendments and notes

29 notes from legislation.gov.uk

Amendments

  1. F499Words in s. 29(3) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2
  2. F500Words in s. 29(3)(3A) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(c); S.I. 2013/983, art. 3(1)(b)(i)
  3. F501Words in s. 29(3) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  4. F502Words in s. 29(3) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para 108(b).
  5. F503Words in s. 29(3) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)
  6. F504Words in s. 29(3)(3A) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, {Sch, 3 para. 6(4)}; S.I. 2008/787, art. 2(4)(f)
  7. F505S. 29(3A) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2
  8. F506S. 29(3B) inserted (2.7.2002 for certain purposes, otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 para. 30; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)
  9. F507Words in s. 29(3B) substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 4(4), Sch. 4 para. 9
  10. F508Words in s. 29(7) 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), 94(a)
  11. F509Words in s. 29(8) 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), 94(b)
  12. F510Words in s. 29(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  13. F511Words in s. 29(8)(c) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 20
  14. F512Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  15. F513Words in s. 29(8)(c) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(3)
  16. F514Words in s. 29(8)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  17. F515Words in s. 29 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)
  18. F516Words in s. 29(8)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 32; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  19. F517Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  20. F518Words in s. 29(8)(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(e)}
  21. F519Words in s. 29(9) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(a); S.I. 2001/2191, art. 2; 2001/2878, art. 2
  22. F520Words in s. 29(9) 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), 94(c)(i)
  23. F521Words in s. 29(9) 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), 94(c)(ii)
  24. F522Words in s. 29(9) 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), 94(c)(iii)
  25. F523Words in s. 29(9) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 15; S.I. 1991/1883, art. 3, Sch.
  26. F524S. 29(10) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2
  27. F525S. 29(11) 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), 94(d)

Commencement

  1. I26S. 29 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M131980 c. 5.