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Contents

1. Assessments and Legal Criteria
2. Consultations, Planning and Legal Advice
3. Emergency Placements
4. Planned Placements
5. Notifications
6. Health Care and Education
7. Renewal of Orders
8. Support, Monitoring and Ending of Placements

1. Assessments and Legal Criteria

1.1 Placements on Welfare Grounds

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.

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 that
• If the child is kept in any other description of accommodation s/he is likely to injure her/himself or others.

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 Court Order currently in existence.

The Director of Children and Families 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 meeting the above criteria may be placed in secure accommodation for a maximum period of 72 hours in any 28 day period, without Court authority (except where the 72 hour period expires on a Saturday, Sunday or public holiday, when the period can be extended to the next working day).

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.

A Looked After child may not be placed in secure accommodation when:

• They are under 13, unless the Secretary of State gives prior specific approval (see Section 1.3 Children under 13)
• They are over 16 and have asked to be accommodated
• Accommodation would be or is being provided on a voluntary basis and a Parent objects to a secure placement

1.2 Placements in Criminal Proceedings

NB. Placements in secure accommodation in criminal proceedings are the responsibility of the Youth Offending Team.

The "criminal" criteria apply in relation to children detained under section 38(6) of the Police and Criminal Evidence Act 1984 or remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 where they are charged with (or convicted of) an offence imprisonable for 14 years or more if committed by a person aged over 21, or charged with/convicted of an offence of violence.

In these circumstances the criteria are that any other form of accommodation is inappropriate because:

• The child is likely to abscond from such accommodation, or
• The child is likely to injure him/her self or others if kept in any such accommodation

The Court can authorise a child to be kept in secure accommodation for the same length as the remand, up to a maximum of 8 days.

Where the child is committed for a hearing at the Crown Court, the Court can authorise a child to be kept in secure accommodation for a maximum length of 28 days. If the Crown Court hearing does not take place within the 28 day period, an application to renew the order can be made.

1.3 Placement of Children under the age of 13

If consideration is given to placing a child under 13, the Secretary of State must given approval, see the following guidance issued by the Department for Education (DfE):

Guidance for the Placement of Children under the Age of 13 in Secure Accommodation

2. Consultations, Planning and Legal Advice

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;
• Legal advice should also be sought from the Social Care Legal Team, and the legal criteria for a Secure Accommodation Order considered;

For procedures regarding applications and court reports, see Court Business Procedure - Section 16, Secure Accommodation Orders.

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 Director of Children and Families should be consulted for a decision in principle or for authorisation if an Emergency Placement seems appropriate.  Any authorisation should be put in writing (see Secure Authorisation Form in Forms Library/Court Business), with any conditions.

3. Emergency Placements

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

Note:  A placement of a child under the age of 13 years can only be made with the approval of the Secretary of State.

In coming to a decision, the Director of Children and Families 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 Director of Children and Families. Any authorisation should be put in writing (see Secure Authorisation Form in Forms Library/Court Business), with any conditions.

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

Unless agreed by the social worker and set out in 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 (A legal advisor should be invited to attend this meeting or should be consulted before it is convened):

• 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 and Health Care Plan.

The social worker must also ensure the following:

• that the child is provided with information on using this authority's Complaints Procedure.
• that various notifications are undertaken, as required in Section 5, Notifications

4. Planned Placements

Having undertaken the consultations and planning outlined in Section 2, Consultation, Planning and Legal Advice, 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 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 Decision to Look After, Care and Permanence Planning Procedure.

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

The Effective Placements Officer and Director of Children and Families should be updated on the finding and arranging of a placement and necessary applications for a Secure Accommodation Order.

Legal advice should be sought on the making of an application for a Secure Accommodation Order and arrangements should be made as necessary.

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 following:

• that the child is provided with information on using this authority's Complaints Procedure.
• that various notifications are undertaken, as required in Section 5, Notifications.

5. Notifications

When the child is placed or as soon as possible thereafter, a copy of the Secure Accommodation Order, or written authorisation of the Director of Children and Families, must be forwarded to the Secure Unit.

Notification of the placement must be sent, in writing, to all those consulted and involved in the decision-making process.

 If not consulted during the decision making process, the social worker must also notify the appropriate Health Trust, Local Education Authority and Children's Services Department in the area where the child is placed.  These notifications must be made in writing advising of the placement decision and the name and address of the person with whom the child is to be placed.

6. Health Care and Education

It will be necessary for the social worker to ensure the child is registered with a GP, Dentist and Optician within a week of the placement, either retaining practices known to them or in the area where they are placed.

It will also be necessary to arrange a Health Care Assessment; see Health Care Assessments and Health Plans Procedure for these procedures.

Suitable arrangements should be put in place to review or draw up a Personal Education Plan for the child.

7. Renewal of Orders

If it appears that the Secure Accommodation Order should be renewed, legal advice 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. Support, Monitoring and Ending of Placements

8.1 Social Worker Visits

The child's social worker must visit the child in the placement within one week of the placement and then at specified intervals; see procedures in Social Work Visits to Looked After Children Procedure.

8.2 Placement Planning Meetings

After the child is placed, the social worker should arrange a Placement Planning Meeting.  Normally this should occur within 7 days of the placement starting.  However, if the child was placed without a Court Order (see Section 3, Emergency Placements), an Emergency Placement Planning Meeting must be convened within 48 hours.

One of the key matters which must be considered in Placement Planning Meetings is that an Exit Plan is formulated for the child. Ensuring that there is continuity of care, education and, where appropriate, access to professional (e.g. psychiatric) support when the child leaves secure accommodation.

8.3 Secure Accommodation Criteria Reviews

Within a month of the placement and then at specified intervals, it will be necessary to convene Secure Accommodation Criteria Reviews to establish whether the legal criteria for the placement of the child in secure accommodation still apply.

See Secure Accommodation Criteria Reviews Procedure

End