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Contents

1. Legal Criteria
2. Consultation and Planning
3. Emergency Placements
4. Planned Placements
5. Renewal of Orders
6. Secure Placements for Children Under 13

1. Legal Criteria

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).

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

It is unlawful to restrict a child's liberty unless one of these criteria is met, no matter how short the period of security.

The Designated Manager (Secure Accommodation Placements) may approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.

Arrangements to seek secure accommodation are often at very short notice; difficulties can arise when the 72-hour period expires either late on a Saturday, Sunday or Bank holiday.

To help local authorities, there is a relaxation of the legislation provided by further secure accommodation regulations. This dictates that where a child is placed in secure accommodation between;

12 midday on the day before and 12 midday on the day after a public holiday or Saturday and

1. During that period that the maximum period of 72-hours expires, and
2. In the 27 days before the day on which he/she was placed and kept in secure accommodation for an aggregate of more than 48 hours

The maximum period (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.

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 6, 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 agree the assessments that are necessary in order for a child to be suitable for such a placement.

It may be appropriate to seek advice from Legal Services regarding the criteria for secure accommodation and the seeking of an Order.

2. Consultation and Planning

Social Workers should familiarise themselves with the legislation relating to secure accommodation. Care should be taken to demonstrate how admission to secure accommodation fits into the overall child care plan.

Whilst a large number of young people looked after will occasionally meet the criteria for secure accommodation at some point in their lives there should never be an assumption that it will automatically follow a series of other (often failed) placements.

The Out of Borough Panel should be consulted before a placement is made or in the case of an emergency, at the first possible opportunity after the placement is made.

See Section 3, Emergency Placements. A case conference or planning meeting must be convened, wherever possible, to properly plan a young person's placement in secure accommodation. If this is not possible (e.g. if an emergency placement is made), it will be necessary to convene an Emergency Placement Planning Meeting within 48 hours of the placement.

In all cases the proposals must be approved by the Line Manager, Service Manager and Legal Services, who will advice on the application for a Secure Accommodation Order.

In considering the need for a secure placement, 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.

If there appear to be grounds for a Secure Accommodation Order, the Designated Manager (Secure Accommodation Placements) should be consulted for a decision in principle or 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

It is the responsibility of the Brokerage Assistant to find an appropriate secure placement and a National Secure Accommodation Helpline is available for this purpose.

In an Emergency, where it is not possible to seek a Secure Accommodation Order, the Designated Manager (Secure Accommodation 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, the Designated Manager should seek further advice from Legal Services.

Any authorisation should be put in writing, 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 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 (An advisor from Legal Services 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 (PEP) and Health Care Plan

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

4. Planned Placements

It is the responsibility of the Social Worker or Line Manager to find an appropriate secure placement. A National Secure Accommodation Helpline is available for this purpose.

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 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 Procedure.

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.

The Placement Plan should cover the same issues as those listed in Placement in Residential Care Procedure. The child's social worker will complete and arrange for the circulation of the Care Plan to the child, parents, IRO and home manager.

The Commissioning Manager and Designated Manager (Secure Accommodation Placements) should be updated on the finding and arranging of a placement and necessary applications for a Secure Accommodation Order.

Advice from Legal Services 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 arrangements set out in Post Placement Arrangements Procedure 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) Review Procedure.

The social worker must ensure that notification of the placement is sent to the Independent Reviewing Officer, the appropriate health and education services, the child's GP and Children's Services for the area where the child is placed. 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 notification should be before the start of the placement or within five working days.

The child's social worker must visit the child in the placement within one week of the placement and then every six weeks; see Social Worker Visits Procedure.

5. Renewal of Orders

If it appears that the Secure Accommodation Order should be renewed, the Designated Manager (Secure Accommodation Placements) should be consulted, and 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.

6. Secure Placements for Children Under 13

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 the Department for Education (DfE) Looked After Children Division. 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;
   1. A full written history/chronology of the child and whether the child is with the local authority or absent
   2. 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
   3. 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
   4. An indication of the alternatives to secure that have been considered and why these have been rejected
   5. The aims and objectives of the secure placement
   6. A copy of a contemporary care plan which includes a prospective exit strategy from secure care; and
   7. Agreement in writing - from the Designated Manager (Secure Accommodation Placements) - to seek the Secretary of State's approval
3. The DfE 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. DfE 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 DfE out of hours and ask for the DfE Looked After Children Division.

End