Children Act 1989

21 Provision of accommodation for children in police protection or detention or on remand, etc.E+W

(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)whom they are requested to receive under section 38(6) of the M1Police and Criminal Evidence Act 1984;

(c)who are—

F1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders); ]

[F3(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); F4 . . . ]

[F5(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);]

[F6(iii)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,]

and with respect to whom they are the designated authority.

[F7(2A)In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

  • “local authority residence requirement”;

  • “youth rehabilitation order”;

  • “youth rehabilitation order with fostering”.]

(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,

and he is not being provided with accommodation by a local authority [F8or by a local authority in Wales] or in a hospital vested in the[F9Secretary of State or] [F10, the Welsh Ministers] F11...,[F12or otherwise made available pursuant to arrangements made by [F13the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or] a [F14Health Authority]][F15Local Health Board] F11..., any reasonable expenses of accommodating him shall be recoverable from the local authority [F16, or local authority in Wales,] in whose area he is ordinarily resident.

Textual Amendments

F3S. 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)

F6S. 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)

F10Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5

F11Words 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)

F14Words 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)

F15Words 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)}

Commencement Information

I1S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations