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Contents

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

1. Assessments and Legal Criteria

For children under 13 see Section 8, Secure 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.

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 Designated Manager (Secure Placements) 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 8, Secure 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 Group 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 Procedure;
• A Legal Planning Meeting will consider the criteria for a Secure Accommodation Order.

It may be appropriate to convene a Professionals 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 4, Emergency Placements).  Any decision/authorisation should be put in writing, with any conditions.

3. Pre-Secure Meeting for Planned Admissions to Secure Accommodation

If it is felt that a young person may need to be placed in secure accommodation on a planned basis, the relevant Head of Service must give agreement for the Social Worker to request that a pre-secure meeting is convened.

 The pre-secure meeting will normally be chaired by a Head of Service. A representative from Legal and Democratic Services must also be present. The young person will be invited, and may bring an advocate (such as the Voice for the Child in Care) and / or supporter. In addition those with parental responsibility should also be invited to the meeting.

 The following criteria are applied in making decisions: -

1. The legal grounds for an application have to be satisfied;
2. The placement must be in the child’s best interests;
3. All relevant alternatives must have been examined;
4. There must be clear short and long term aims and objectives for the placement;
5. If the child is not subject to a care order the person(s) with parental responsibility must give written consent. It is expected that they would attend the meeting;
6. If the child is the subject of a care order the person(s) with parental responsibility should be consulted, their views recorded and again invited to the meeting;
7. The views of the child must be obtained and recorded. The young person should attend the meeting. The venue of the meeting should reflect the need to involve the young person and their family.

Information from the Social Worker and Carers. A written report is required for the meeting. The report must demonstrate why an order will positively contribute to the child’s welfare. It must be remembered that the Court will be considering the ‘no order’ principle in its decision-making.

4. Emergency Placements

In an Emergency, where it is not possible to seek a Secure Accommodation Order, the Designated Manager (Secure Placements) may authorise placements for up to 72 hours. 

In coming to a decision, the Designated Manager 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/Placement Information Record. 

Unless agreed by the social worker and set out in the Placement Plan/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 Including Same Day and Emergency Placement Procedure are followed.

The Children's Commissioning Team (CCT) must notify Quality Assurance (QA) when a secure placement is made so that a secure accommodation review can be set up.

5. 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.

6. 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 Connected Person (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/Placement Information Record, no contact may be permitted between the child and parents or siblings. 

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.

7. 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.

8. 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. National guidance on this issue was issued by information note in December 2010 (Click here to view). This section 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 designated Secure Accommodation contact in the Department for Education by telephone and follow the process as outlined in the DfE information note, Placement of a Child Under 13 in a Secure Children's Home. Where possible calls should be made before 5pm, and preferably as early in the day as possible. Early notification of a possible application is helpful, even if a final placement decision has not yet been made. If an emergency placement is required after 5pm then the Children in Care Duty Officer should be contacted using the relevant number in the guidance note. Some information will be taken over the phone including: The name and date of birth of the child concerned; A verbal summary of the reasons for the secure placement; Confirmation of whether a bed in a secure children’s home has been identified and is available; Confirmation of whether the child is currently with the local authority or missing from care (having absconded); Details of when the local authority is intending to go to court to seek a secure order; An explanation as to why a secure placement is necessary; Details of what alternatives to a placement in a secure children’s home have been considered and why these were rejected.
2.	Following the telephone call to the DfE you will be asked to submit written information by email or fax. This will include: A full written history/chronology of the child; A contemporary care plan that covers the period of the secure placement. The care plan should include the aims and objectives of the secure placement and, where possible, the prospective exit strategy from secure accommodation; Agreement in writing at Assistant Director level or above seeking the approval of the Secretary of State.  If a secure placement is being sought out of hours it may not be possible for the relevant paperwork to be submitted.  In these circumstances greater detail will be sought during the initial telephone discussion and the DfE will see verbal assurance that the Assistant Director or above has agreed to the secure placement.
3.	The DfE official will then discuss the information provided with one of the specialist secure accommodation inspectors at Ofsted. It is possible the Ofsted inspector may contact you to discuss the case further.
4.	Where an application is approved, a letter and certificate will be issued to the local authority on the same day via email. The signed, hard copy of the documents will be posted to the Assistant Director or equivalent that supported the application on behalf of the local authority. Where applications are made out of hours, the approval letter and certificate will not be issued until the next working day. Verbal agreement will be given over the telephone.

End