3.1.10 Secure Accommodation

AMENDMENTS

Also see YJB protocol for Court Ordered Secure Remands

1. Overview of Secure Accommodation

Secure accommodation is provided for the purpose of restricting the liberty ‘of, a child being Looked After by a local authority’ [Section 25(1) CA 1989]. Any child placed in accordance with s25 is ‘Looked After’ and it is incumbent on the local authority to inform the court to what extent the placement of a child in secure accommodation will assist in implementing a Care Plan, and how those aims will be achieved during the duration of the order (Plotnikoff and Woolfson, Reporting to the Court under the Children Act-A Handbook for Social Services, Department of Health, 1996).

The Children Act 1989 Guidance and Regulations, Volume 4: Residential Care (HMSO 1991) sums up the objectives of a placement, and the real need to address the alternatives to a secure unit, paragraphs 8.5 and 8.6 as follows:

“...The restriction of the liberty of a child is a serious step, which must only be taken when there is no appropriate alternative. It must be a last resort in the sense that all else must first have been comprehensively considered and rejected-never because no other placement was available at the relevant time, because of inadequacies of staffing, because the child is simply being a nuisance or runs away from his accommodation and is not likely to suffer significant harm in doing so, and never as a form of punishment .It is important in considering the possibility of a secure placement that there is a clear view of the aims and objectives of such a placement and that those providing the placement can meet the aims and objective. Careful consideration should be given to the existing range of alternative facilities and services available locally...”

The secure accommodation policies and procedures are for operational use by social work staff and the Secure Accommodation Review Panel.

2. Legal Context

The Children Act 1989, section 25 outlines the statutory framework concerning the placement of young people in secure accommodation.

Such placements are further governed by the Children (Secure Accommodation) Regulations 1991 as amended by the Children (Secure Accommodation) Amendment Regulations 1992.

The provisions of Section 25 do not apply to the following children:

Child detained under provision of MHA 1983;
Child detained under CYPA 1933 s53 (punishment of certain grave crimes);
Child accommodated under s20 (5) CA1989;
Child accommodated due to child assessment order; and
Child under 13 unless prior approval of Secretary of State obtained.

3. Local Authority Duties and Responsibilities to Children in Secure Accommodation

Local authorities have a specific responsibility [paragraph 7(c) of Schedule 11, Children Act 1989] to take reasonable steps to avoid the need for children in their area to be placed in secure accommodation.

The duty of a local authority towards a child who it is looking after, whether under a care order or voluntarily, is to safeguard and promote his welfare, and to make use of such services for him as appear to be reasonable [section 22(3) of Children Act 1989]. The local authority is permitted to depart from this duty if it is necessary to do so in order to protect members of the public from serious injury [Section 22(6)]. These provisions in effect give precedence to the local authority’s duty of care to the public at large to prevent serious injury being caused by a child Looked After by it over its duty to the child himself.

With regard to court decision making with regard to whether a child should be made subject to a Secure Accommodation order under Section 25 of the Children Act, the overriding consideration is whether the welfare criteria or criminal grounds for placing a child in secure accommodation are met.

Duties and Responsibilities of the Local Authority may be divided into two groups:

Responsibilities derived specifically from the law relating to secure accommodation. There are two responsibilities in this respect:

Establish a Review Panel as specified under Regulations 15 and 16; and a duty to review secure accommodation status within one month;
Specific requirements relating to recording. Regulation 17 sets out in detail the matters, which must be recorded by the local authority managing the accommodation.

Responsibilities derived from the fact that the local authority is providing accommodation according to the provision of Part III of the Children Act 1989. In this respect, the duties are as follows:

Before making any decisions with respect to a child, to ascertain, as far as is reasonably practicable, the wishes and feelings of ‘any other person whose wishes and feelings the authority considers to be relevant’ [Section 22(4)(d)]. Typically, these will include the child, child’s parent, any person with parental responsibility, independent visitor, guardian if appointed, solicitor;
The local authority has to consider placing the child with parents, people with parental responsibility (including Residence Orders), relatives, friends and other people connected with him as an alternative to secure accommodation [Section 23(4) and (6)];
The local authority has a responsibility to place the child as far as is reasonably practicable and consistent with the child’s welfare, near his home, and with siblings [Section 23(7)];
The local authority is required to give due consideration to the child’s religious persuasion, racial origin, and cultural and linguistic background [Section 22(5)]; and
The provisions with regard to aftercare [Section 24] are as relevant to children in secure accommodation as to any other child accommodated by the local authority.

4. Principles of Secure Accommodation

Placing a child or young person in Secure Accommodation will only be considered following a Social Work Assessment.

Consideration to making such placements will only be made when all other options have been explored and considered.

Such placements will only be provided if there is reason to believe that it is in the best interests of the child or young person, and that it will lead to an improvement in their welfare.

A placement in Secure Accommodation will be part of the Child’s Care Plan, will be time-limited, and with identified aims and time-scales.

There will be a sharing of information and decision-making with parents and those having parental responsibility in making plans for the child or young person.

The wishes and feelings of the child/young person and those with parental responsibility will be taken into account.

All requests for placements in Secure Accommodation will be part of the Planning Process; emergency requests will be made only, in exceptional circumstances, where the child/young person is at risk of significant harm.

Secure Accommodation placements, once made, will be only as long as is necessary and unavoidable.

5. Criteria for Authorisation of Secure Accommodation Welfare Criteria

Secure accommodation for children under 15 years old will only be considered in exceptional circumstances.

A Child or young person will only be placed in Secure Accommodation if:

There is evidence that he/she has a history of absconding and is likely to abscond from any other placement;

And
Evidence that If he/she absconds, he is likely to suffer significant harm

Or
If he/she is placed in any other form of accommodation he is likely to injure him/herself or others.

6. Criminal Grounds

A Child or young person may be placed in Secure Accommodation by the Youth Court if:

There is evidence that he/she is particularly vulnerable in prison or police custody, on the grounds of mental health, learning difficulties, sensory disability, suicide risk, or the likelihood of serious bullying or abuse;

Or
He/she is likely to receive a sentence under Section 53 (CYPA 1933).

7. Authorisation Limits

The Local Authority may place a young person who meets the criteria in Secure Accommodation for up to an aggregate period of 72 hours without authority of the Courts.

Where in exceptional circumstances the Assistant Director believes these powers should be invoked, the form in Appendix 1 (Appendix 1 - Report and Checklist for Placement in Secure Accommodation) must be completing setting out how the circumstances of the case meet the criteria. The Assistant Director must make a recommendation to the Divisional Director who will decide whether the power should be invoked and complete the attached form.

The Local Authority must apply to the Court for authority to keep a young person in secure accommodation beyond 72 hours.

No child under the age of 13 years may be placed in secure accommodation without authorisation from the Secretary of State. An application for authorisation must follow discussion between the Divisional Director of Children’s Social Care and the Social Services Inspectorate. See Appendix 2 - Placement of a Child under the Age of 13 in a Secure Children's Home.

The Courts can only authorise a young person to be kept in secure accommodation for three months. The Court may from time to time authorise a young person to be kept in secure accommodation for a further period not exceeding six months at any one time (or the period the young person has remanded under the Children & Young Persons Act 1969, but less than 28 days).

These procedures shall not apply to a young persons whom is detained under any provision of the Mental Health Act 1983 or if an order has been made for the punishment of certain grave crimes (section 53 of the Children and Young Person’s Act 1933).

8. Application for Placement in Secure Accommodation

Any decision to apply for a Secure Order must take place in consultation with the Team Manager and Business Manager.

Application for agreement to use secure provision will be made to a Secure Accommodation Planning Meeting, for a recommendation, the social worker must complete a report for the Panel using Appendix 1 - Report and Checklist for Placement in Secure Accommodation.

The Meeting will be chaired by a Head of Service, and membership will include an Access to Resources Officer, Team Manager, Social Worker and representatives from other agencies, as appropriate.

The Meeting is only authorised to make a recommendation to the Divisional Director of Children’s Social Care, who will consider the recommendation and make a decision.

The Planning Meeting will require the following information included in Appendix 1 - Report and Checklist for Placement in Secure Accommodation:

Details of all the other options that have been explored and considered before making an application for secure accommodation;
A secure placement is only part of the Care Plan. As part of the application, the Social Worker will present the Care Plan and identify how the Young Person’s needs will be met;
This will include details of the work that will be undertaken while the young person is in Secure provision;
Secure Placements are time-limited and the Care Plan must take account of that and include time-scales;
The Care Plan must include details of the next stage following Secure Placement. This will include not only where the young person will go when they leave Secure Accommodation but also how that process will be managed;
Detailed evidence that supports the concern and the request for secure accommodation, e.g. details of absconding (how many times, dates, how long, evidence of risk etc); and
Views of the young person and those with parental responsibility.

Decisions around agreement to Secure Accommodation will take into account:

The Care Plan, evidence supporting vulnerability and level of risk;
The impact of a secure placement on the young person; and
An assessment of the potential outcome.

9. Authorisation

The Chair of the Meeting will make a recommendation to the Divisional Director of Children’s Social Care.

The Divisional Director of Children’s Social Care will give a decision in writing. Where agreement has not been given, the reasons will be given in writing.

In the absence of the Divisional Director of Children’s Social Care, authorisation will be sought from the CYPS Executive Director or another Divisional Director.

10. Arranging a Placement

At the time a request for Secure Accommodation is made, the Social Worker will ask the Brokerage Team to do a search of available placements before the Planning Meeting takes place.

Once authorisation has been given, the Brokerage Team will arrange a Placement as soon as one becomes available.

The Team Manager and Head of Service will agree arrangements for the escort and transport of the young person.

The Social Worker will notify the Panel Secretariat of start of Placement and arrange Secure Accommodation Review.

11. Notice in Writing

If a child or young person is placed in a secure environment the social worker must immediately notify the following people in writing and record the actions in case notes:

The local authority that manages the secure unit
The Service Manager of the Independent Reviewing Team and the relevant IRO (if there is one)
The relevant education and health authorities where the child is now placed.
The child's parent
Any person with PR for the child
Any independent visitor for the child

12. Triggering and Organising the Secure Accommodation Review.

A secure accommodation review must take place within 28 days of the child's admission to a secure unit and every three months after this if the child remains in secure accommodation

The date for the review will be decided by the Service Manager for the Independent Reviewing Team in consultation with the social worker, staff at the secure unit and other members of the review panel.

The Service Manager for IRO's is responsible for writing to panel members to confirm the arrangements for the review.

The four panel members are:

The Head of Service for Safeguarding and QA (chair)
The Lead Elected Member
A CYPS Team Manager for the allocated SW
A person independent of the local authority usually employed by a voluntary sector organization like Voice of the Child in Care

The social worker, in consultation with the Service Manager for IRO, will decide the other relevant people to attend the review and the social worker will be responsible for informing them of the review arrangements in writing.

Attendees at the secure accommodation review will usually be all those who attend a child's CLA review plus the following people according to the child's individual circumstances:

staff from the secure unit (who should also provide a progress report on the child's presentation and any changes since the start of the placement)
Those with PR
Guardian ad litem (if the child is in care proceedings or if a GAL was appointed during the application for a secure accommodation order)
An interpreter for the child and/or parents as required
An advocate/assistant for any child under 13 or if the child has a disability with particular communication needs.

13. The Task of the Secure Accommodation Review Panel

The panel will review all the information presented to them and form an opinion about whether there is a case to continue with secure accommodation in accordance with the criteria set out in s.25 1989 Children Act.

Regulation 16(1) requires each person on the secure panel to satisfy themselves that:

The criteria for keeping a child in secure accommodation continue to apply (see section 5)
Such a placement continues to be necessary and whether or not any other form of accommodation would be appropriate for them

If the panel decide that the criteria is no longer met to hold the child in secure accommodation a looked after review must be held immediately and alternative accommodation found for the child

14. The Secure Accommodation Review Report

The social worker must submit a report to the IRO Service Manager at least one week before the review.

The social workers report should include information submitted under the following headings:

Chronology of events leading up to secure accommodation (this could be a copy of Court papers)
Pen picture of young person on admission
Programme offered by the secure accommodation and other professionals to the young person
Young person's response to the programme and progress made (brief summary of secure unit report)
If, how and why the young person still meets the criteria for secure accommodation
The need for and appropriateness of the current placement for the young person including a recommendation for mobility (child's escorted trips outside a secure environment)
The views of the young person and those with PR
Future plans
Contingency plan if the Review Panel feel the s.25 criteria are no longer met
Copy of the most recent secure accommodation order

15. Coordinating the 'Looked After' review

Secure Accommodation Reviews do not replace the need for statutory reviews for a child who is 'looked after'

The statutory review should be arranged for later the same day as the participants will be present already

Appendix 1 - Report and Checklist for Placement in Secure Accommodation

Click here to view Checklist

Appendix 2 - Placement of a Child under the Age of 13 in a Secure Children's Home

Click here to view letter

Appendix 3 - Protocol for Court Ordered Secure Remands - Placed into Secure Training Centres and Secure Children's Homes

Click here to view Appendix 3

Appendix 4 - Guidelines for Court Ordered Secure Remands - Guidelines for Transporting Young People on Remand

Click here to view Appendix 4

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