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 M1 Police 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 [F3 paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code] (breach etc. of referral orders and reparation orders);]

[F4 (ii) remanded to accommodation provided by or on behalf of a local authority by virtue of [F5 paragraph 25 of Schedule 7 to that Code] (breach etc. of youth rehabilitation orders); F6 . . . ]

[F7 (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);]

[F8 (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.

[F9 (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.]

(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 [F10 or by a local authority in Wales] or in a hospital vested in the [F11 Secretary of State or] [F12 , the Welsh Ministers] F13 ..., [F14 or otherwise made available pursuant to arrangements made by [F15 the Secretary of State, [F16 NHS England] or [F17 an integrated care board] under the National Health Service Act 2006 or] a [F18 Health Authority]] [F19 Local Health Board] F13 ..., any reasonable expenses of accommodating him shall be recoverable from the local authority [F20 , or local authority in Wales,] in whose area he is ordinarily resident.

Textual Amendments

F1 S. 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))

F2 S. 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)

F3 Words 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

F4 S. 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)

F5 Words 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

F6 Word 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)

F7 S. 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)

F8 S. 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)

F9 S. 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

F10 Words 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)

F11 Words 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)

F12 Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5

F13 Words 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)

F14 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(1)

F15 Words 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)

F16 Words 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)

F17 Words 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)

F18 Words 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)

F19 Words 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)}

F20 Words 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 Information

I1 S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1984 c. 60.