Legislation

The legal position on 'running away'

In the majority of cases, young people under the age of 18 are legally the responsibility of their parents. It is the duty of parents to accommodate their children in the family home or make suitable alternative arrangements for them, if living in the family home is no longer possible. Once a young person reaches the age of 16, however, parents have limited powers to force them to return home.

If young people are 'looked after' by the local authority on a voluntary basis, their parents still have parental responsibility and must be consulted about decisions made by Social Services departments which concern their children.

Special provisions will apply if a young person runs away when:

• They are being 'looked after' by the local authority and the local authority has obtained a Care Order
• If someone else has been asked to care for them under an Emergency Protection Order
• If they are under police protection - a Police Protection Order

A Care Order (sec. 31 The Children’s Act 1989) is granted by a Court in circumstances where a child is suffering or likely to suffer significant harm as a result of the care being provided, or where the child is deemed to be beyond parental control.

A Police Protection Order - PPO (sec. 46 The Children’s Act 1989) enables the Police to take a young person into 'police protection' if they feel the young person is likely to suffer significant harm if they continue to stay where they are.

Emergency Protection Order - EPO (sec. 44 The Children’s Act 1989). Anyone can apply for this Order, on behalf of the young person, if they feel the young person is likely to suffer significant harm by staying where they are. The applicant must be able to offer safe accommodation to the child and the order will only last for a maximum of 8 days.

A Recovery Order - RO (sec. 50 The Children’s Act 1989) can only be applied for by the Local Authority and only when the young person is in care or subject to an EPO or PPO. The order will give the Local Authority powers to recover the young person from where they have been staying and may be granted if the Court feels that:

• The young person has been unlawfully taken away
• Is being kept away
• Has run away
• Is missing

It is important to note that a Court will only grant any of these Orders in extreme circumstances - the agency or person applying for an Order must demonstrate that the young person is likely to suffer significant harm.

It is NOT a criminal offence for a young person to run away from home, foster care or a local authority residential unit. However, the police will generally return the young person to wherever they have run from. If the young person persists in running from a residential unit, in exceptional circumstances, they may become the subject of court proceedings to secure their return and may even be placed in secure accommodation.

It IS a criminal offence to hide a young person and/or help them run away from his/her parents (Sec. 2 Child Abduction Act 1984), although prosecution is relatively uncommon, particularly if the “helper” is merely responding to the child’s needs or trying to help sort things out rather than actively encouraging them to run away. Prosecutions are also possible under the Sexual Offences Act 1956 sec. 20 and the Children’s Act 1989 sec. 49 although, again, much would depend on the intentions of the 'helper'.

In the case of agencies working to support young runaways, there is a possibility of prosecution if workers refuse to disclose their whereabouts although there is no absolute duty to immediately disclose to parents, police or other agencies. There may be differences in expectations of workers employed by statutory, as opposed to voluntary agencies and it is recommended that agencies consider carefully under what circumstances they are prepared to breach confidentiality and have clear policies and procedures.

For more information:

• Visit the Children’s Legal Centre.
• Visit the Department of Health.
• See 'People like Us' - Summary report of the Review of the Safeguards for Children Living Away Home (Sir William Utting). Available from the Department of Health, PO Box 140, Wetherby, LS23 7LN. The full report can be obtained from The Stationery Office bookshops in most large towns.
• See The Children’s Act 1989.
• See Working Together to Safeguard Children. The Department of Health. Available from The Stationery Office bookshops in most large towns.
• See Framework for Assessment of Children in Need and Their Families. The Department of Health. Available from The Stationery Office bookshops in most large towns.
• See Safeguarding Children Involved in Prostitution. The Department of Health. Available from The Stationery Office bookshops in most large towns.
• See A Guide to the Children Act 1989. White R, Carr P & Lowe N (1990). Butterworths, London.