Secure accommodation

Children can be placed in secure settings through the order of a criminal court, or for welfare reasons.  The criteria for both are very strict due to the severity of the restrictions imposed.

This page will consider the placing of young people in secure setting for welfare reasons:

s25 of the Children Act 1989 states:

'a child who is being looked after by a Local Authority may not be placed and if placed, may not be kept, in accommodation provided for the purpose of restricting liberty unless it appears that:

(a) He has a history of absconding and is likely to abscond from any other description of accommodation and

ii. If he absconds he is likely to suffer significant harm

or

(b) That if he is kept in any other description of accommodation he is likely to injure himself or other persons.

 If it felt that these criteria are met then a Secure Accommodation Planning Meeting should be convened.

Secure Accommodation Planning Meeting

Invitees to the Secure Accommodation Planning Meeting should include:

• Head of Service (Chair)
• Service Manager (Deputising Chair)
• Legal Representative
• Social Worker and Team Manager
• Independent Reviewing Officer or Manager
• Child's Carer (if appropriate)

 The meeting should discuss:

• The child's history and placement experiences
• Evaluation of what has and has not worked to keep the young person safe
• Whether all other options have been explored fully
• How placing the child or young person in secure accommodation will improve the outcomes for the child or young person
• The child's current situation in order to establish if the criteria for making a secure order are met
• What the purpose of applying for a Secure Accommodation Order is in relation to the overall care plan for the child
• The views of the child, carers, adults with parental responsibility, any advocate, IRO and any other significant persons
• Consideration as to whether the local authority will make an application to the Court for a Care Order
• What the child's exit plan from secure accommodation would be should the Court make the order
• The criteria for secure under s25 Children Act 1989 and whether they are met in this instance

The final decision for applying for a Secure Accommodation Order rests with the Director of Children Services or a nominated person in their absence.

72 hour rule

If there is a need for immediate placement in a secure setting to protect the young person then a placement for a maximum of 72 hours can be agreed by the Director of Children Services (or a nominated deputy).  There must be liaison with Legal Services to ensure that the secure criteria apply.

The Secure Unit will require written confirmation of this decision before they will agree to admit the child. It is unlikely that any unit will agree to admit a child without there being an explicit understanding of the Local Authority's intention to apply for a formal order in the Family Proceedings Court.

If this provision is used then a Secure Accommodation Planning Meeting should be held as soon as is practicable whilst allowing time for the views of the child and their parents / carers to be obtained.

The 72-hour rule can only extend for 72 hours consecutively or in aggregate in any period of 28 consecutive days.

If the child is under 13 years of age the approval of the Secretary of State (Department for Education) is required and there should also be consultation with Ofsted.  These discussions can only be undertaken by senior management.

Applications to Court

The Social Worker, with guidance from Legal Services, will write a statement for Court outlining the history of the child and the reasons why a Secure Accommodation Order is necessary.

The Court will expect the child to attend the Secure Accommodation Hearing if it is deemed to be in their best interests to do so and will seek their views directly, in addition to hearing from the Child's Guardian.

Where an application is made for a secure order on a child of 16 or over who is not subject to a care order an Interim Care Order must be applied for first to support the secure application.

The maximum length of the initial Secure Accommodation Order is 3 months. The maximum order thereafter is 6 months.

Placement

Any child in a secure setting for welfare reasons is deemed a looked after child and therefore the LAC processes should be followed.  There are however additional requirements when making a placement in a secure unit.

• The Local Authority will be responsible for transporting the child/young person to the receiving secure unit and ensuring all necessary documentation accompanies the child.
• The receiving unit will require a copy of the Court Order authorising secure accommodation and all relevant LAC documentation as would accompany a child to any other care provision.
• It is essential to forward all documentation approving the use of secure accommodation to the identified unit. If this has not been received by the unit prior to the young person being admitted the secure unit will not admit the child.

Within 5 days of the placement a Planning Meeting must be held in the Secure Unit to establish the Care Plan for the child/young person.

Such a meeting should include:

• Child
• Parent or person with parental responsibility
• Unit key worker
• Secure Unit Manager
• Education representative
• Child's Guardian
• CLA Nurse
• Representative from Secure Unit's Therapeutic Support (where appropriate)
• YOT worker (If appropriate)

The Planning meeting will be chaired by the relevant Service Manager.

It is the local authority responsibility to ensure that the eligibility criteria for securing the child/young person exist and that this is reviewed regularly.  Secure Orders are such that, if at any time during the order it is felt that the eligibility criteria are no longer met the child must be released immediately.

Secure Accommodation Review

There should be regular reviews by a panel within the Local Authority, this panel being made up of a senior manager who does not have direct involvement in the managing the case, a person who is independent of the local authority (but who has relevant skills and knowledge) and an IRO.

These reviews will consider whether the criteria for secure accommodation continue to apply and whether any other form of accommodation would be appropriate.  Not being able to identify alternative accommodation is not a reason for keeping a child in a secure placement.

The first review must be within the first month of the placement and at least every three months thereafter.

Such reviews are on top of the standard LAC processes.

The child/young person's Social Worker should attend the panel, with:

• The relevant Service Manager and Team Manager
• The child
• Parents and those with parental responsibility
• An interpreter if necessary
• Representative from the Secure Unit
• Independent Visitor (if one has been appointed)
• The Educational Psychologist (if the young person has a statement of special educational needs)
• Other members of staff able to offer specialist advice on issues of race, culture language or disability
• Other significant people, as appropriate
• The IRO, if available.

A report will need to be provided by the Social Worker and authorised by the relevant Service Manager and in addition a copy of the child's Care Plan, the original Court report, if available, and a chronology of events prior to placement in secure accommodation.

The report from the Social Worker should cover the following matters:

• The reason for the secure placement and the criteria applied
• The other options explored, why these were not considered appropriate and on what basis they have been rejected
• The extent to which the criteria are still met and the risks faced if the child does not continue to be held in secure accommodation
• The child's previous placement history (including, in the case of a child remanded to local authority accommodation, details of previous convictions and sentences)
• How the current placement is meeting the child's needs (this should include education arrangements and if appropriate any medical assessments or treatment being considered or undertaken)
• The Care Plan for the child (including what consideration has been given to how the secure placement will meet the child's cultural, linguistic and religious needs)
• The child's views
• The views of the child's parents or others holding parental responsibility
• The views of the current placement and the views of the Independent Visitor for the child
• The Social Worker's recommendation to the Review Panel as to whether the child should continue to be held in secure accommodation.

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