Practice and Procedure

R (on the application of M) v GATESHEAD METROPOLITAN BOROUGH COUNCIL (2006)

PUBLISHED March 14, 2006

The duty to provide accommodation under the Children Act 1989 s.21(2)(b) in response to a police custody officer's request under the Police and Criminal Evidence Act 1984 s.38(6) was imposed on the local authority that received the request. Although s.21(2)(b) of the 1989 Act imposed an absolute duty on a local authority to receive and provide accommodation for children whom they were requested to receive under s.38(6) of the 1984 Act, it did not impose an absolute duty to provide secure accommodation.

[2006] EWCA Civ 221