The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2026
These Regulations, enacted by the Secretary of State under powers from the Legal Aid, Sentencing and Punishment of Offenders Act 2012, amend the 2013 Regulations to institute new daily rates for the recovery of costs from designated authorities when a child is remanded to various forms of youth detention accommodation in England and Wales, with the changes taking legal effect on April 1, 2026.
Arguments For
They ensure that the daily costs recovered by the Secretary of State from designated authorities for accommodating remanded children accurately reflect current provision expenses.
The amendments update the financial liability thresholds in line with current operational budgets for different types of youth detention facilities (young offender institutions, secure training centres, and secure children's homes).
Updating these statutory figures maintains the effectiveness of the cost recovery mechanism established under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Arguments Against
Increases in daily recovery rates, particularly for young offender institutions and secure training centres, may place a greater financial burden on the designated authorities responsible for payment.
The specific decrease in cost for secure 16 to 19 Academies, contrasted with the increase for general secure children's homes, introduces a potential complexity or perceived inequity in cost allocation based on facility type.
The need for frequent updates to these figures suggests the original cost basis may be subject to volatility or ongoing inflationary pressures affecting the youth justice estate.
STATUTORY INSTRUMENTS
2026 No. 239
CRIMINAL LAW, ENGLAND AND WALES
The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2026
Made - - - -
4th March 2026
Laid before Parliament
11th March 2026
Coming into force - -
1st April 2026
These are the formal details identifying the legal instrument as Statutory Instrument No. 239 of 2026, relating to criminal law in England and Wales.
The instrument is named "The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2026." It was formally made on March 4, 2026, presented to Parliament on March 11, 2026, and legally commenced operation on April 1, 2026.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 103(2) (a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012( 1 ).
The Secretary of State is creating these regulations by using the specific authority granted under section 103(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
Citation, commencement and extent
- -(1) These Regulations may be cited as the Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2026 and come into force on 1st April 2026.
- (2) These Regulations extend to England and Wales.
This regulation specifies the short title of this legislation and confirms that its provisions become active on April 1, 2026.
Furthermore, the rules outlined in these Regulations only apply to legal and administrative matters within England and Wales.
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( 2 ) (liability for costs of a child being subject to a remand to youth detention accommodation) is amended as follows-
- (a) in paragraph (4)(l), after '2025' insert '(but before 1st April 2026)';
- (b) after paragraph (4)(l), insert-
'(m) on or after 1st April 2026, £373.';
- (c) in paragraph (5)(q), after '2025' insert '(but before 1st April 2026)';
- (d) after paragraph (5)(q), insert-
- '(r) on or after 1st April 2026, £1027.';
- (e) in paragraph (6)(n), after '2025' insert '(but before 1st April 2026)';
( 1 ) 2012 c. 10.
( 2 ) S.I. 2013/507; relevant amending instruments are S.I. 2013/2243, 2014/562, 2014/981, 2014/2931, 2015/569, 2016/330, 2017/230, 2017/1147, 2018/250, 2018/498, 2018/1126, 2019/508, 2020/241, 2021/287, 2022/274, 2023/310, 2024/327, 2025/312.
- (f) after paragraph (6)(n), insert-
- '(o) on or after 1st April 2026, £1230 (except where the secure children's home is a secure 16 to 19 Academy( 3 ), where the applicable amount is £852).'.
These provisions directly modify Regulation 3 of the 2013 regulations, which controls the liability of designated authorities for the costs associated with remanding a child into youth detention accommodation.
New date ranges are inserted to distinguish between past rates (up to March 31, 2026) and the new rates applicable from April 1, 2026.
For young offender institutions, the new daily cost is set at £373.
For secure training centres, the rate becomes £1027.
For secure children's homes generally, the rate is £1230, but if the facility is a secure 16 to 19 Academy, the rate is reduced to £852.
4th March 2026
Jake Richards Parliamentary Under-Secretary of State Ministry of Justice
( 3 ) 'Secure 16 to 19 Academy' is defined in section 1B(7) of the Academies Act 2010 (c. 32); 'secure children's home' is defined in regulation 2(1) of the Children's Homes (England) Regulations 2015 (S.I. 2015/541) and includes a secure 16 to 19 Academy.
This confirms that Jake Richards, the Parliamentary Under-Secretary of State for the Ministry of Justice, signed the regulations on March 4, 2026.
A footnote clarifies the legal definitions for 'secure 16 to 19 Academy' from the Academies Act 2010 and 'secure children's home' from the 2015 Children's Homes (England) Regulations, noting that the former is included within the definition of the latter.
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 £353 to £373), a secure training centre (increased from £941 to £1027), a secure children's home (increased from £968 to £1230), unless the secure children's home is a secure 16 to 19 Academy (decreased from £859 to £852).
The Explanatory Note clarifies that the document amends the 2013 cost recovery rules without being part of the binding regulations themselves.
It summarizes the core change: updating the daily amounts that designated authorities must pay the Secretary of State.
The cost for young offender institutions increases from £353 to £373, secure training centres increase from £941 to £1027, and general secure children's homes increase from £968 to £1230.
However, the rate for secure 16 to 19 Academies is slightly reduced from £859 to £852.