Part IIIE+W+S[F1SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND]

Textual Amendments

Provision of accommodation for childrenE+W

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—

F2(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(ia) remanded to accommodation provided by or on behalf of a local authority by virtue of [F4paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code] (breach etc. of referral orders and reparation orders);]

[F5(ii) remanded to accommodation provided by or on behalf of a local authority by virtue of [F6paragraph 25 of Schedule 7 to that Code] (breach etc. of youth rehabilitation orders); F7 . . . ]

[F8(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);]

[F9(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.

[F10(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 [F11or by a local authority in Wales] or in a hospital vested in the [F12Secretary of State or] [F13, the Welsh Ministers] F14..., [F15or otherwise made available pursuant to arrangements made by [F16the Secretary of State, [F17NHS England] or [F18an integrated care board] under the National Health Service Act 2006 or] a [F19Health Authority]] [F20Local Health Board] F14..., any reasonable expenses of accommodating him shall be recoverable from the local authority [F21, or local authority in Wales,] in whose area he is ordinarily resident.

Textual Amendments

F5S. 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)

F9S. 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)

F13Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5

F14Words 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)

F19Words 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)

F20Words 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