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Contents

1. Assessments and Legal Criteria 
2. Consultations and Planning 
3. Emergency Placements 
4. Procedure for Applications to Court (Regulation 8)
5. Planned Placements 
6. Renewal of Orders 
7. Placements for Children under 13 Years

1. Assessments and Legal Criteria

For children under 13 see Section 7, Placements for Children under 13.

Section 25 of the Children Act 1989 sets out the ‘welfare’ criteria which must be met before a child Looked After by the local authority may be placed in secure accommodation. There are other, ‘criminal’, criteria which may apply under section 38(6) of the Police and Criminal Evidence Act 1984 and under section 23 of the Children and Young Person’s Act 1969 (remanded to local authority accommodation). For procedures relating to criminal or remand placements see Protocol between YOS and Children’s Service - to follow.

The ‘Welfare’ criteria are:

• That the child has a history of absconding (see note below) and is likely to abscond from any other description of accommodation and
• If the child absconds, s/he is likely to suffer Significant Harm, or that
• If the child is kept in any other description of accommodation s/he is likely to injure her/himself or others.

The Assistant Director, CSS may approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.

A placement of a child under the age of 13 years can only be made with the approval of the Secretary of State (see Section 7, Placements for Children under 13)

If it appears that a child should be placed in Secure Accommodation, the social worker must consult his/her manager to ensure that all necessary assessments are available to support a request or application for a placement. 

The Service Manager or Head of Service can agree that a legal planning meeting can be called and if this is agreed the manager should consult Legal Services.

NB. The maximum period a child may be kept in secure accommodation without the authority of a court is 72 hours, whether consecutively or in aggregate, in any period of 28 consecutive days. If during the 72 hour period, a child is in secure accommodation at any time between midday on the day after a Sunday or a public holiday, the 72 hour period does not expire until 12 midday on the first working day after the Sunday or public holiday (Secure Accommodation: Regulation 10 {3}.

2. Consultations and Planning

In considering the need for a secure placement, the following should be undertaken:

• The child, parent(s) and others should be consulted and a Care Plan and other relevant plans drawn up, as set out in Decision to Look After and Children's Resources Panel Procedure;
• A Legal Planning Meeting will consider the criteria for a Secure Accommodation Order ;

It may be appropriate to convene a Team Around the Child Meeting to assist in this process. 

If there appear to be grounds for a Secure Accommodation Order, the Designated Manager (Secure Placements) should be consulted for authorisation of a placement up to 72 hours, if an Emergency Placement seems appropriate (see Section 3, Emergency Placements). Any decision/authorisation should be put in writing, with any conditions.

3. Emergency Placements

In an Emergency, where it is not possible to seek a Secure Accommodation Order, the Assistant Director, CSS may authorise placements for up to 72 hours. 

In coming to a decision, the Assistant Director should establish whether the child meets the criteria for a Secure Accommodation Order and the outcome of any legal advice sought. If necessary, further legal advice should be sought by the Designated Manager. 

Any authorisation should be put in writing, with any conditions.

The social worker should then consult the Placements and Commissioning Manager.

The social worker should take all reasonable steps to consult the child, parent(s) and others in drawing up a Care Plan and Placement Plan recorded on the Placement Information Record.

Unless agreed by the social worker and set out in the Placement Plan recorded on the Placement Information Record, no contact may be permitted between the child and parents or siblings. 

If the child is placed, the social worker must liaise with the secure unit provider and convene an Emergency Placement Planning Meeting as soon as practicable, but within 48 hours, to consider the following:

• Whether the child is appropriately placed, taking account of the needs of the referred child and the other children placed in the secure unit;
• The need to apply for a Secure Accommodation Order to enable the child to be placed beyond 72 hours; if such an application is made, consideration should be given to the arrangements for the application/court hearing;
• The need to consult on and draw up a Care Plan, Placement Plan/Placement Information Record, Personal Education Plan (PEP) and Health Care Plan.

The social worker must also ensure the arrangements set out in Post Placement Arrangements Procedure are followed.

4. Procedure for Applications to Court (Regulation 8)

If a placement in secure accommodation is to extend beyond 72 hours then an application must be made to the court.

There are two distinct application processes and application forms, dependent on whether the application is being made to a Family Proceedings/County/High Court, or to a Youth Court as a result of a serious criminal charge. In the latter case, the court team in the Youth Offending Team will advise on procedure.

In either case, the court has a responsibility to safeguard the rights of the child by satisfying itself that adequate evidence has been produced by the applicant to demonstrate that the statutory criteria are met, and it must apply the "paramountcy" and "no order" principles contained in Section 1 of the Children Act 1989. 

Applications to court must be authorised by the Assistant Director, Children’s Specialist Services

All applications for a Secure Accommodation Order must be made to a Family Proceedings Court except

1. Where the application arises in the context of a case already before a County or High Court, or
2. The young person has been "remanded in local authority accommodation" by a Youth Court or Magistrates Court. Where a young person has been committed to accommodation by the Crown Court, or "remanded to local authority accommodation" by a Crown Court, any application for a Secure Accommodation Order must be made to a Youth Court. The Youth Offending Team will advise on the relevant procedures.

Application Made in Family Proceedings or in the Case of a Child Accommodated under Section 20 (1)

If a decision to apply for a Secure Accommodation Order is agreed, the social worker must immediately contact the legal section so that arrangements for the hearing can be made, and any advice needed on completion of form CHA 17, filing and serving the application can be given.

The Legal Section should be consulted as to the evidence to be presented to the Court, and the people to be called to give that evidence, whenever an application is being considered. A copy of the application form and notice must be served on parties to the proceedings at least 24 hours prior to the hearing (Saturdays, Sundays and Bank Holidays do not meet this requirement).

The social worker in conjunction with the Placements and Commissioning Manager must also obtain a suitable Secure Placement.

Subsequent applications to Court must all be accompanied by written reports.

The format for the report to Court should be as follows:

1. Name, age and sex of the child;
2. Ethnic origin of the child;
3. Legal status of the child;
4. Present address of the child;
5. Reason for application. This must include a practical demonstration that the child meets the criteria defined in respect of children in care, provided with accommodation. It must give details of, for example, previous abscondments, incidents of self-harm or harm to others and clear reasons why it is considered to be in the child's best interests to be placed in secure accommodation. First hand evidence must be provided whenever possible;
6. The report must indicate why no other provision is appropriate or in the child's best interests.
7. The report must show evidence of support for the application from others e.g. the authority managing the child's present accommodation.
8. The report must contain the views of the parent)s) or the child's independent visitor, or the person who has parental responsibility.
9. Future plans for and wishes of the child.
10. The intended duration of the placement.

Subsequent applications

To the court requesting further periods of authorisation should also include:-

1. Information as to why a further period is required;
2. reports about the child's behaviour whilst in secure accommodation;
3. psychiatric assessment (if appropriate);
4. details of reviews and the recommendation of the review panel;
5. future plans for the child; and
6. the intended duration of a further period in secure accommodation.

The maximum period a Court may authorise a child to be kept in secure accommodation on the first application is three months and six months for further periods (Regulations 11, 12 and 13).

Where it is intended to apply to a Court for authorisation to keep a child in secure accommodation the following people should be informed (Regulation 14):-

1. the child parent(s);
2. the person(s) with parental responsibility;
3. the child's independent visitor; and
4. any other person who the local authority consider should be informed.

5. Planned Placements

Having undertaken the consultations and planning outlined in Section 2, Consultation and Planning, it will be necessary to identify suitable placements, and consult providers to establish information about their placements or admissions procedures. If possible, arrangements should be made for the child, parent(s) and other significant people (e.g. carers) to visit placements and undertake placement planning. 

The social worker should consult the Placements and Commissioning manager.

The social worker must ensure an up to date Care Plan and other relevant plans are given to the placement provider, child, parent(s) and others; as required by Post Placement Arrangements. Unless agreed by the social worker and set out in the Placement Plan recorded on the Placement Information Record, no contact may be permitted between the child and parents or siblings. 

For children placed in secure accommodation the Placement Plan should cover the following issues in addition to those for all placements set out in the Decision to Look After and Children’s Resources Panel Procedure.

1. The type of accommodation to be provided and the address.
2. The child’s personal history, religious persuasion, cultural and linguistic background and racial origin.
3. Where the child is Accommodated, the respective responsibilities of the Local Authority and parents/anyone with Parental Responsibility; any delegation of responsibility by parents/anyone with Parental Responsibility to the Local Authority for the child’s day-to-day care; the expected duration of the arrangements and the steps to bring the arrangements to an end, including arrangements for the child to return to live with parents/anyone with Parental Responsibility; where the child is aged 16 or over and agrees to being provided with accommodation under Section 20 Children Act 1989, that fact.
4. The circumstances in which it is necessary to obtain in advance the Local Authority’s approval for the child to take part in school trips or overnight stays
5. The Local Authority’s arrangements for the financial support of the child during the placement.

Arrangements for the placement of the child should be made with the placement provider, including the need for assistance with transporting the child to the secure unit.

The social worker must also ensure the arrangements set out in Post Placement Arrangements are followed and that a Secure Accommodation Criteria Review is planned within a month of the placement and then at specified intervals: see Secure Accommodation Criteria Reviews Procedure.

6. Renewal of Orders

If it appears that the Secure Accommodation Order should be renewed, legal advice must be sought. 

The Secure Unit where the child is placed should also be consulted and, should the order be renewed, a copy must be forwarded to the unit.

7. Secure Placements for Children under 13 years

A placement of a child under the age of 13 years can only be made with the approval of the Secretary of State. This summarises the procedures for obtaining approval.

1.	A local authority wishing to place a child under the age of 13 in a secure children’s home where the Secretary of State’s approval is required should first discuss the case with the Looked After Children Division at the Department for Education. Some initial information will be taken over the phone, such as the name and date of birth of the child concerned, and written documentation will be requested. This should be submitted without delay, where possible, by Email.
2.	This written documentation will include the following:
	A full written history/chronology of the child and whether the child is with the local authority or absent A View of the likelihood that a court would find that the criteria for restriction of liberty are satisfied and an indication of when the local authority is intending to go to court to obtain a secure order; An explanation of why secure accommodation is the only appropriate method of dealing with the child and whether a bed in a secure children’s home has been secured; An indication of the alternatives to secure that have been considered and why these have been rejected; The aims and objectives of the secure placement; A copy of a contemporary care plan which includes a prospective exit strategy from secure care; and Agreement in writing – from the Assistant Director, CSS – to seek the Secretary of State’s approval.
3.	The Department for Education will discuss this information with the appropriate Regulatory Authority, who will make a recommendation as to whether the Secretary of State’s approval should be given.
4.	Department for Education will then consider and advise the local authority of the Secretary of State’s decision.
5.	Local authorities should ensure that, in order to expedite early decisions, applications for the Secretary of State’s approval are made during office hours. However, where in exceptional circumstances this is not possible, the local authority should telephone the Department for Education out of hours and ask for the Looked After Children Division Duty Officer.

End