Children Act 1989

F1 23 Provision of accommodation and maintenance by local authority for children whom they are looking after. E+W

(1) It shall be the duty of any local authority looking after a child—

(a) when he is in their care, to provide accommodation for him; and

(b) to maintain him in other respects apart from providing accommodation for him.

(2) A local authority shall provide accommodation and maintenance for any child whom they are looking after by—

(a) placing him (subject to subsection (5) and any regulations made by the [F2 appropriate national authority] ) with—

(i) a family;

(ii) a relative of his; or

(iii) any other suitable person,

on such terms as to payment by the authority and otherwise as the authority may determine [F3 (subject to section 49 of the Children Act 2004)];

[F4 (aa) maintaining him in an appropriate children’s home;]

(f) making such other arrangements as—

(i) seem appropriate to them; and

(ii) comply with any regulations made by the [F5 appropriate national authority] .

[F6 (2A) Where under subsection (2)(aa) a local authority maintains a child in a home provided, equipped and maintained by [F7 an appropriate national authority] under section 82(5), it shall do so on such terms as [F8 that national authority] may from time to time determine.]

(3) Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4).

(4) A person falls within this subsection if he is—

(a) a parent of the child;

(b) a person who is not a parent of the child but who has parental responsibility for him; or

(c) where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.

(5) Where a child is in the care of a local authority, the authority may only allow him to live with a person who falls within subsection (4) in accordance with regulations made by the [F9 appropriate national authority] .

[F10 (5A) For the purposes of subsection (5) a child shall be regarded as living with a person if he stays with that person for a continuous period of more than 24 hours]

(6) Subject to any regulations made by the [F11 appropriate national authority] for the purposes of this subsection, any local authority looking after a child shall make arrangements to enable him to live with—

(a) a person falling within subsection (4); or

(b) a relative, friend or other person connected with him,

unless that would not be reasonably practicable or consistent with his welfare.

(7) Where a local authority provide accommodation for a child whom they are looking after, they shall, subject to the provisions of this Part and so far as is reasonably practicable and consistent with his welfare, secure that—

(a) the accommodation is near his home; and

(b) where the authority are also providing accommodation for a sibling of his, they are accommodated together.

(8) Where a local authority provide accommodation for a child whom they are looking after and who is disabled, they shall, so far as is reasonably practicable, secure that the accommodation is not unsuitable to his particular needs.

(9) Part II of Schedule 2 shall have effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations that may be made under subsections (2)(a) and (f) and (5).

[F12 (10) In this Act—

• “appropriate children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000; and

• “children’s home” has the same meaning as in that Act.]

Textual Amendments

F1 Ss. 22A-22F substituted (1.9.2009 for E. "in so far as it inserts" ss. 22C(11), 22F and otherwise prosp.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a)

F2 Words in s. 23(2)(a) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 7(2)

F3 Words in s. 23(2)(a) inserted (15.1.2005) by Children Act 2004 (c. 31), ss. 49(3), 67(7)(d)

F4 S. 23(2)(aa) substituted for s. 23(2)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(3)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F5 Words in s. 23(2)(f)(ii) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 7(2)

F6 S. 23(2A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(3)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I.and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F7 Words in s. 23(2A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 7(3)(a)

F8 Words in s. 23(2A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 7(3)(b)

F9 Words in s. 23(5) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 7(4)

F10 S. 23(5A) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 12(2); S.I. 1991/1883, art. 3, Sch.

F11 Words in s. 23(6) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 7(5)

F12 S. 23(10) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(3)(c); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Modifications etc. (not altering text)

C1 S. 23(2)-(8) excluded (temp.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(c) (with reg. 4)

C2 S. 23(2)(a) applied (1.4.2002 (E.) and 30.1.2003 (W.)) by 2000 c. 14, ss. 46(7)(a), 122; S.I. 2001/3852, art. 3(7)(g) (subject to transitional provision in Sch. 1 (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(b)

Commencement Information

I1 S. 23 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)