Children Act 1989

[F1 29 Recoupment of cost of providing services etc. E+W

(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) [F2for a service provided under section 17 or section 18(1) or (5)] at any time when he is in receipt [F3of universal credit (except in such circumstances as may be prescribed),] of income support [F4under] [F5Part VII of the Social Security Contributions and Benefits Act 1992] [F6, of any element of child tax credit other than the family element, of working tax credit] [F7, of an income-based jobseeker's allowance or of an income-related employment and support allowance].

[F8(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 [F3of universal credit (except in such circumstances as may be prescribed),] of income support under Part VII of the Social Security Contributions and Benefits Act 1992 [F7, of an income-based jobseeker's allowance or of an income-related employment and support allowance].]

[F9(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 [F10couple] (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.]

(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 M1 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 [F11or the area of a local authority in Wales], 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 [F12or the area of a local authority in Wales] 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 [F13Secretary of State or] [F14, the Welsh Ministers] F15... [F16or any other hospital made available pursuant to arrangements made by [F17the Secretary of State, [F18NHS England] or [F19an integrated care board] under the National Health Service Act 2006 or by] F20..., a [F21Local Health Board] F15...,],

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

(9)[F22Except where subsection (10) [F23or subsection (11)] applies,] Where a local authority comply with any request under section 27(2) [F24or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information)] in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority [F25or a local authority in Wales] in whose area the child or person is ordinarily resident any [F26reasonable expenses] incurred by them in respect of that person.

[F27(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.]

[F28(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.]]