HOC 17/2008 Duties and powers of the police under the Children Act 1989

This circular replaces and updates Home Office Circulars 54/1991 and 44/2003 and aims to give greater clarity about when and how to use police protection powers under the Children Act 1989 (CA 1989).

The circular gives detail of the police powers under the following headings:

• Police protection powers.
• The initiating officer and designated officer.
• When to use police protection.
• Powers of entry.
• ‘Significant harm’.
• ‘Suitable accommodation’.
• Use of reasonable force.
• Informing the local authority.
• Informing the child.
• Informing the parents.
• Releasing the child from police protection.
• Length of police protection.
• Parental responsibility.
• Contact.
• Local authority action.
• Emergency protection orders (EPOs).
• Powers of the court to determine the whereabouts and assist in the discovery of children at risk.
• Abduction and recovery of children in care, the subject of an EPO or in police protection.
• Search warrants.
• Refuges for children at risk.
• The address of the refuges must not be disclosed to any person.

The circular notes in particular that police protection powers under Section 46(1) CA 1989 are not orders granted by a court so should not be referred to as a police protection order. It highlights that the ‘initiating officer’ and ‘designated officer’ roles are distinct and must not be carried out by the same officer.

Also detailed is that a police station is not ‘suitable accommodation’ and children should not be brought to a police station except in exceptional circumstances, and on no account should they be taken to the cellblock area of the station. The need for chief officers to ensure there is adequate liaison between the force, local authorities and other agencies that may provide suitable accommodation is highlighted.

The circular can be found at http://www.knowledgenetwork. gov.uk/HO/circular.nsf/79755433dd36a66980256d4f004d1514/954f5cc40a46ebcd8025748200574cc4?OpenDocument