The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2025
These regulations, effective April 1st, 2025, amend the 2013 Recovery of Costs (Remand to Youth Detention Accommodation) Regulations to increase the daily cost reimbursement the Secretary of State receives for detaining children on remand in various youth detention facilities in England and Wales.
The amounts are raised for young offender institutions, secure training centres, and secure children's homes (including a specific amount for secure 16-19 Academies).
Arguments For
Intended Benefit: Updating the cost amounts reflects the increased operational costs of detaining children in youth detention facilities. This ensures that the Secretary of State receives sufficient funds to cover these expenses.
Evidence Cited: The regulations cite the rising costs associated with operating youth detention facilities, necessitating an adjustment to the reimbursement amounts.
Implementation Method: The amendments are straightforward, modifying specific paragraphs within the existing 2013 regulations to adjust the specified cost amounts.
Legal/Historical Basis: The regulations are enacted under the powers granted by section 103(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Arguments Against
Potential Impacts: The increased costs may indirectly impact local authorities responsible for the initial costs, although the impact might be modest given the limited scope of the amendment.
Implementation Challenges: The implementation is relatively simple, involving only amending existing figures; therefore, significant challenges are unlikely.
Alternative Approaches: Instead of amending the existing regulations, a complete revision of the cost-recovery mechanisms might be considered in the long-term, however such a review would be significantly larger and perhaps an inefficient method for addressing the immediate cost increases.
Unintended Effects: No obvious negative unintended consequences are apparent. The amendments are targeted changes based on actual cost inflation.
- Citation, commencement and extent (1) These Regulations may be cited as the Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2025 and come into force on 1st April 2025. (2) These Regulations extend to England and Wales.
This section establishes the regulation's title, effective date (April 1st, 2025), and geographical scope (England and Wales).
It provides the official name and clarifies when and where the changes will take effect.
- Amendments to the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013 Regulation 3 of the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013 (liability for costs of a child being subject to a remand to youth detention accommodation) is amended as follows— (a) in paragraph (4)(k), after “2024” insert ““(but before 1st April 2025)”; (b) after paragraph (4)(k), insert— “(l) on or after 1st April 2025, £353.”; (c) in paragraph (5)(p), after “2024” insert ““(but before 1st April 2025)”; (d) after paragraph (5)(p), insert— “(q) on or after 1st April 2025, £941.”; (e) in paragraph (6)(m), after “2024” insert ““(but before 1st April 2025)”; (f) after paragraph (6)(m), insert— “(n) on or after 1st April 2025, £968 (except where the secure children’s home is a secure 16 to 19 Academy, where the applicable amount is £859).”.
This section details the specific amendments to Regulation 3 of the 2013 Recovery of Costs Regulations.
It modifies existing cost figures for detaining children on remand in various types of youth detention facilities.
The amendments introduce a new cost for on or after April 1st, 2025, to each type of facility, while maintaining previous rates until that date.
Explanatory Note (This note is not part of the Regulations) These Regulations amend the Recovery of Costs (Remand to Youth Detention Accommodation) Regulations 2013 (S.I. 2013/507) by inserting a new amount that designated authorities are liable to pay the Secretary of State in respect of each night which a child is detained on remand in a young offender institution (increased from £329 to £353), a secure training centre (increased from £921 to £941), a secure children’s home (increased from £887 to £968), and where the secure children’s home is a secure 16 to 19 Academy, (increased from £772 to £859). A secure 16 to 19 Academy is a type of youth detention accommodation as defined in section 1B(7) of the Academies Act 2010 (c. 32) and is a type of secure children’s home under the Children’s Homes (England) Regulations 2015 (S.I. 2015/541) for which a separate applicable amount applies.
The explanatory note summarizes the changes made by the regulations.
It clarifies that the amendments increase the daily reimbursement amounts paid to the Secretary of State for each night a child is remanded in various youth detention facilities, specifying the old and new rates for each type of facility.
The note also distinguishes between different types of secure children's homes, showing the separate applicable amounts.