SCOPE OF THIS CHAPTER
This procedure applies to the placements of Looked After children in secure accommodation under Section 25 Children Act 1989 - often referred to as being 'on welfare grounds'.
See also Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure which deals with Remands to Youth Detention Accommodation (which includes Secure Children's Homes, Secure Training Centres and Young Offender Institutions) in criminal proceedings.
This chapter was extensively updated in June 2017 and should be read throughout.
- Secure Accommodation Criteria
- Children to Whom Section 25 Applies
- Period of Secure Accommodation
- Looked After Children Who May Not be Placed in Secure Accommodation on Welfare Grounds
- Decision to Place in Secure Accommodation
- Placements of Children under the age of 13 Years
- Planned Placements
- Applying for a Secure Accommodation Order
- Support, Monitoring and Ending of Placements
1. Secure Accommodation Criteria
Section 25 of the Children Act 1989 sets out the 'welfare' criteria which must be met before a Looked After Child may be placed in secure accommodation.
The 'welfare' criteria are that:
- The child has a history of absconding 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
- If the child is kept in any other description of accommodation (s)he is likely to injure her/himself or others.
NB: only one of these two criteria above need be established. The welfare principle (established in Section 1 the Children Act 1989), although it remains relevant, is not of paramount consideration under Section 25.
2. Children to Whom Section 25 Applies
Section 25 only applies to 'Looked After' children, i.e. those children:
- Who are accommodated (for at least 24 hours) under Section 20 Children Act 1989 (excluding those over 16 and accommodated in a community home under Section 20(5)); or
- Who are subject to a Care Order.
In exceptional circumstances, if a child is not 'looked after' or the placement of the child is thought to constitute a deprivation of the child's liberty, (even though it is not its primary purpose), an application would need to be made to the High Court to exercise its inherent jurisdiction. Such an approach would require careful consideration and include a full review of the placement and the child's circumstances together with the Children's Services Legal Team.
Prior to admission to Secure Accommodation, a written agreement concerning the placement should be made between the local authority and the parents to include the purpose of admission, expected duration and the arrangements for bringing the placement to an end. (See also Section 7.2, Placement Planning.)
2.1 Children Who Are 16 -17 Years of Age and Section 20 Accommodated
Children Act 1989 Section 20 provides:
- Section 20 (3) - Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him/her with accommodation.
- Section 20 (5) - A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his/her welfare.
Re P (Application for Secure Accommodation Order)  EWHC 2971 (Fam) clarified the situation with regard to a child reaching the age of 16 years and Section 20 Accommodation:
- A child provided with accommodation under Section 20(3) Children Act 1989 may be made subject to a Secure Accommodation Order;
- However, a child provided with accommodation under Section 20(5) Children Act 1989 cannot be made subject to a Secure Accommodation Order.
Young people aged 16 or 17 years have the right to discharge themselves from Section 20(5) accommodation and, consequently, from Secure Accommodation. Nevertheless, where the local authority continues to have concerns about the safety of the young person, a decision should be made as to whether to commence care proceedings and seek an Interim Care Order and Secure Accommodation Order.
3. Period of Secure Accommodation
The use of secure accommodation should be for the minimum period necessary, following an assessment of likely risk to the child, others and public safety.
A child must not continue to have his/her liberty restricted once the criteria cease to apply, even if there is a Secure Accommodation Order still in existence. (See Secure Accommodation (Criteria) Review Procedure.)
3.1 Without A Court Order
The Designated Manager (Secure Accommodation) can approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.
A Looked After Child who meets the above criteria may be placed in secure accommodation for a maximum period of 72 hours in any 28 days period without a Secure Accommodation Order.
The provisions are relaxed to cover the situation where the 72 hour period expires late on Saturday, a Sunday or public holiday.
The Regulations provide that, where a child is placed in secure accommodation at any time between 12 midday on the day before and 12 midday on the day after a public holiday or a Sunday, and:
- During that period the maximum period of 72 hours expires; and
- In the 27 days before the day on which s/he was placed in secure accommodation, s/he has been placed and kept in secure accommodation for an aggregate of more than 48 hours,
then, the maximum period (of 72 hours) shall be treated as if it did not expire until 12 midday on the first working day after the public holiday or Sunday.
3.2 With A Court Order
A Court may authorise a child to be kept in Secure Accommodation for a maximum period of:
- 3 months on the first application to the Court;
- 6 months on subsequent applications to the Court.
NB: Any time spent in Secure Accommodation prior to the Court Order is disregarded in respect of the above time limits.
4. Looked After Children Who May Not be Placed in Secure Accommodation on Welfare Grounds
A Looked After child may not be placed in Secure Accommodation on Welfare Grounds where he/she:
- Is under the age of 13 years, unless the Secretary of State gives prior specific approval (see Section 6, Placements of Children under the age of 13 Years);
- Is Accommodated and a parent/carer with Parental Responsibility objects to a secure placement. A secure placement can then only be made via the Court;
- Is detained under any provision of the Mental Health Act 1983;
Is being kept in police protection;
Is subject to a Child Assessment Order or Emergency Protection Order and who is being kept away from home;
Is subject to Wardship - unless there is direction from the Judge exercising their inherent jurisdiction;
Is subject to Section 53, Children and Young Persons Act 1933, (punishment of serious crimes).
5. Decision to Place in Secure Accommodation
At the point that it is determined that a placement in Secure Accommodation may be required, and throughout the subsequent process of identification, planning and placement, the social worker must consult and take account of the views of the following people:
- The child;
- The child's parents and those with Parental Responsibility;
- Anyone who is not a parent but has been caring for the child;
- Other members of the child's family who are significant to the child;
- The child's school and/or the Education Service;
- The Youth Offending Team, if the child is known to them;
- The child's Independent Visitor if appointed;
- The local authority managing the secure accommodation in which the child is placed if this is not the local authority with responsibility for looking after the child.
Any decision to place a child in a secure placement on welfare grounds can only be made with the specific approval of the Director of Children's Services and, if made, must be notified to those consulted and the child's Independent Visitor. Where the child does not have an Independent Visitor, arrangements must be made for such an appointment as soon as practicable.
To seek the approval of the Director, the child's social worker must prepare a written report with the following information:
- The child's name, address, date of birth, ethnicity, school and names of those with Parental Responsibility;
- The grounds/concerns/criteria/aims of the proposed secure placement;
- The evidence that the criteria are met;
- What alternatives have been tried/considered and the outcomes;
- The view of the child and the parents/others who have Parental Responsibility;
- The comments of the Team Manager;
The Director of Children's Services will only approve a request to place a child in secure accommodation where the following have been considered in a Legal Planning Meeting:
- The Criteria for Secure Placements as set out in Section 1, Secure Accommodation Criteria are met;
- Secure accommodation is the only appropriate method of dealing with the child;
- Alternatives have been comprehensively considered and rejected;
- There is a clear view of the aims and objectives of such a placement.
Where the Director of Children's Services agrees that a secure placement on welfare grounds is appropriate, the social worker must contact Legal Services as a matter of urgency regarding the application to Court for a Secure Accommodation Order.
In relation to a child under 13 years, the approval of the Secretary of State will also be required and, after the approval of the Director of Children's Services has been obtained, a written request should immediately be sent to the Secretary of State - see Section 6, Placements of Children under the age of 13 Years.
The social worker should also book a secure escort for the hearing.
Where the placement is required before there is time to obtain a Secure Accommodation Order, the Designated Manager (Secure Accommodation) can authorise the placement for up to a maximum of 72 hours.
6. Placements of Children under the age of 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.
6.1 Telephone Discussion with 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;
- The reasons why a secure placement is required;
- Details of what alternatives to a secure placement the local authority have considered and why it is thought a secure placement is more appropriate;
- Confirmation of whether an identified bed is available;
- Confirmation of whether the child is with the applicant or whether they are missing from care (having run away);
- Details of when the local authority will go to court to seek a Secure Accommodation Order for the child.
6.2 E-mail Documentation will be Requested
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;
- An explanation of why Secure Accommodation is the only appropriate method of dealing with the child and whether a bed in secure accommodation has been arranged;
- An indication of the alternatives to Secure Accommodation 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 accommodation; and
- A written agreement - signed by the Designated Manager (Secure Accommodation) - to seek the Secretary of State's approval.
The Department for Education will discuss this information with appropriate inspectors at the Regulatory Authority, who will make a recommendation as to whether the Secretary of State's approval should be given. The Department for Education will then consider and advise the local authority of the Secretary of State's decision. This will usually be the same day and a certificate will also be sent out.
6.3 Out of Hours
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 Out of Hours Duty Officer at the Department for Education.
As long as the criteria for Section 25 are met, verbal approval can be given.Documentation must be sent the following day.
7. Planned Placements
7.1 Placement Request, Identification and Approval
Where the child's social worker considers that a Looked After Child requires a secure placement, and following agreement with the Agency Decision Maker, the social worker should contact the Secure Children's Homes (Referrals) in order to identify a suitable placement.
Each secure unit contacted will require basic information, including legal status, reasons why a secure placement is needed and details of any specific behavioural problems or offences e.g. arson, sexually abusive or violent behaviour.
The terms and conditions of the placement must be approved by the Designated Manager (Secure Accommodation) and included in the contract with the provider in relation to the placement.
If a placement is offered, the home is likely to need written confirmation of an undertaking to pay the stated fee and, where relevant, written confirmation of authorisation for a 72 hours placement, together with copies of the Interim Care or full Care Order and the DfE 'Certificate' for Children under 13 years. A copy of the Secure Order (when such an application has been made) will also be required in all cases.
Note - Placements in Scotland: Schedule 1, Children and Social Work Act 2017 which came into force in May 2017, now enables local authorities to make placements in Secure accommodation under Sect 25 (1989 Children Act) by amending: the Children Act 1989; the Children's Hearings (Scotland) Act 2011 and Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions, etc.) 2013; The Children (Secure Accommodation) Regulations 1991; Secure Accommodation (Scotland) Regulations 2013 and Social Services and Well-being (Wales) Act 2014.
The issue of restrictions to local authority support for children living abroad (Schedule 2, Children Act 1989) no longer apply to a child placed in secure accommodation in Scotland under Section 25.
7.2 Placement Planning
Each secure unit will have its own Placement Planning Procedure and therefore, once a placement has been identified, the social worker should liaise directly with the provider to establish this.
Before the child is placed, the child's social worker will liaise with the manager of the home to arrange a Placement Planning Meeting. If this is not possible prior to the placement, it must be held in order that the Placement Plan is completed within 5 working days of the start of the placement.
The child, parents, and any other significant family members and relevant professionals should be invited to attend.
The purpose of the meeting is to share information about the child and the Care Plan, complete/update the necessary documentation about the child, plan the timing of the placement and ensure that a Placement Plan/Placement Information Record is drawn up.
The Placement Plan should cover the same issues as those listed in Placements in Residential Care Procedure.
Following the meeting, the child's social worker will complete and arrange for the circulation of the Care Plan to the child, parents, IRO and manager of the Unit. The child's social worker and manager of the Unit will arrange for the Placement Plan/Placement Information Record to be drawn up and circulated to the child and parents.
The child's social worker must provide the child and parents with written information about the Looked After Service. The social worker must also ensure that the child is provided with information on using the authority's Complaints Procedure. (See Complaints and Representations Procedure.)
The social worker should ensure that any Children's Guide or other information about the placement that is available for the child is obtained and given to him/her.
In all cases, the child should be accompanied to the placement by the social worker and helped to settle in.
7.3 Notification of Placement
The child's social worker must ensure that the relevant finance officer of the placement is notified of the placement within one working day (so that the appropriate arrangements to pay the provider are in place) and update the child's electronic records.
The social worker must also ensure that notification of the placement is sent to the Independent Reviewing Officer, the health clinical commissioning group (CCG) and education services (including the Virtual Head), the child's GP and Children's Services for the area where the child is placed.
The notifications must advise of the placement decision, the name and address of the new carers, details relating to the child's contact with parents and the arrangements related to the care and welfare of the child.
Notification of the placement must also be sent by the child's social worker to all family members consulted and involved in the decision-making process.
The social worker must also ensure that the child is registered with a GP, Dentist and Optician; the child's home Clinical Commissioning Group (CCG), and the CCG for the area where the child is placed (as this is likely to be different from the child's home CCG) should be informed also. The social worker should also ensure that a Health Care Assessment takes place as necessary. (Note: where a child moves into another CCG area, any treatment or service should be continued uninterrupted.)
The notification should be before the start of the placement or within 5 working days.
The social worker must also confirm the placement within 24 hours by e-mail to the Designated Manager (Secure Accommodation).
The social worker must also notify the child's Independent Reviewing Officer, and make arrangements for a review meeting within 28 days - see Secure Accommodation (Criteria) Reviews Procedure.
Note: The child's Secure Accommodation (Criteria) Review is distinct and separate from the Looked After Review.
8. Applying for a Secure Accommodation Order
The child's social worker must liaise with Legal Services regarding the preparation of evidence to support the application, including a Care Plan with the aims and objectives of the placement set out and details of the intended plan to return the child to open conditions.
The social worker should prepare the child for the Court hearing, by explaining the procedure and the possible outcomes, and by advising him or her of the right to be legally represented at the hearing.
8.1 The Application
- Must be made on Form C1, with supplement C20;
- Served on the appropriate respondents;
- On notice to all respondents and relevant parties, (and their legal representatives if those are known at the time of the Secure Application). These are:
- Every person who is believed to have Parental Responsibility for the child;
- Where the child is subject to a Care Order, every person whom it is believed had Parental Responsibility immediately prior to the making of a Care Order;
- Any person with whom the child is living at the time the proceedings commenced;
- The child;
- Any person providing refuge, e.g. Voluntary Home or Children's Home certified under Section 51(1) and Section 52(2) Children Act 1989;
- The local authority providing accommodation for the child, (if this is not the responsible authority).
Once made, an application can only be withdrawn with the permission of the court.
7 days before the date of the hearing (unless the court has directed a shorter period), respondents should be served with:
- A copy of the application with the hearing date endorsed;
- A notice of the proceedings with the date and place of the hearing;
- The evidence which is relied upon in support of the application for a secure order; via:
- The written statement relied on in support of the application;
- Other relevant reports from specialists or experts or other documents;
- A detailed copy of the Care Plan.
The Care Plan should detail, as far as possible, the care arrangements for the child, education provision and any other professional support, both within the Secure Accommodation and after the placement ends.
8.2 Interim Orders
An adjournment may be justified either for reasons of procedural fairness or in order to obtain further information. Otherwise, the court should proceed to consider the substantive application.
Where a court adjourns an application for a secure accommodation order, it may make an interim order permitting the child to be kept in secure accommodation during the period of adjournment.
The child/local authority may appeal to the High Court against the making, or refusal to make, an order.
9. Support, Monitoring and Ending of Placements
9.1 Support and Monitoring of Placements
The child's social worker must visit the child in the placement within one week of the placement and then every six weeks; see procedures in Social Worker Visits to Looked After Children Procedure.
Once the Secure Accommodation Criteria Review establishes that the child no longer meets the criteria for Section 25 Secure Accommodation, it will be important that the exit plan/Care Plan is expedited, (see Section 3, Period of Secure Accommodation).
It is therefore important that the placement is carefully monitored with regard to the child's progress, both in terms of any additional specialist assessments that may be required and commissioned, and also in respect of the 'exit plan' that will have been established at the point of admission and subsequent Looked After Reviews.
Where children are Section 20 Accommodated, then it will be particularly important to maintain visits and communication with the parents and others who have Parental Responsibility.
If the parent does not agree with the nature of the exit placement required which is being, or has been, assessed and considered as meeting the child's needs, then urgent consideration must be made as to whether Care Proceedings are required. (See Care and Supervision Proceedings and the Public Law Outline Procedure.)
Many children's placements in Secure Accommodation go well in the light of the clear structure and regime that such Units offer and feedback from staff / specialist reports should seek to focus on: the child's insight into their behaviour; development of confidence and self esteem; relationships with other residents, staff and family; progress in areas such as education and health/emotional health, (which may well have been of concern previously), etc.
A sign of progress will be when the child achieves 'mobility' and is allowed out of the Unit albeit on an escorted basis and in a planned way.
The Secure Accommodation Unit will seek permission from the social worker for mobility and this should be responded to promptly. The Unit should provide details of the activity to be undertaken, together with the support and management of that to ensure the young person continues to be safeguarded and does not abscond.
Written agreement for mobility should be provided by the Nominated Officer, who should have all the necessary information, including a report on the child's progress, to make the decision.
9.2 Ending of Placements
'Timing' for the next, exit placement is often not easy but is clearly important. Planning for the exit placement should not be left until before the next Secure Accommodation Order Hearing, or when the Order lapses, given that the criteria for Secure Accommodation may no longer be met before either of these events. Progressing the exit placement should begin significantly before it is thought the child will be ready and will start by researching possible options and exchanging some information etc.
Identifying a specific placement should therefore be made in a timely way so as to ensure the proposed placement has all the relevant and most up to date information, as well as positively being able to reflect on the progress the child may have made.
Irrespective of the child's legal status, the parents/those with Parental Responsibility, should be involved and consulted about the exit placement.
Clearly, if the child is Section 20 Accommodated, then agreement with the parent is required.
Transferring to the Exit placement should be undertaken as for any Looked After Child.
When leaving the secure accommodation begins to emerge as a possibility, a discussion with the child about transition from the secure accommodation should be undertaken and the future carers or staff should visit the child in the secure accommodation placement to ensure a full exchange of information as well as an introduction.
A visit by the child to the next placement should be undertaken where possible.
When the child has transferred from the Secure Accommodation Unit, the child's social worker should notify the relevant finance officer within one working day of the placement ending (so that the arrangements to pay the provider will be terminated) and update the child's electronic record.
The social worker should also inform all those notified of the placement (including the IRO) that the placement has ended.