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Contents

1.	Secure Accommodation Criteria
	1.1	Placement on Welfare Grounds
	1.2	Placements in Criminal Proceedings
2.	Decision to place in Secure Accommodation
	2.1	Consultation
	2.2	Relevant Considerations
	2.3	At Risk of Secure Accommodation Meeting
	2.4	Decision
	2.5	Court Process
3.	Placements Process
	3.1	Placement Request
	3.2	Identification of Placement
	3.3	Placement Planning
	3.4	Notification of Placement
4.	Support, Monitoring and Ending of Placements
	4.1	Support and Monitoring of Placements
	4.2	Ending of Placements

1. Secure Accommodation 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 (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 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 Designated Manager (Placements - 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 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;
• 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.

In relation to children under 13, requests for approval should be sought by contacting the Department for Education who will advise the Secretary of State.

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 e-mail or by fax. 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;
• 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 Accommodation Order;
• 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.

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.

1.2 Placements in Criminal Proceedings

N.B. Placements in secure accommodation in criminal proceedings are the responsibility of the Youth Offending Team - see Protocol with the Youth Offending Service and YJB Court Ordered Secure Remands Protocol.

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 of 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.

2. Decision to Place in Secure Accommodation

2.1 Consultation

At the point that it is determined that a placement in secure accommodation on welfare grounds 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:

1. The child;
2. The child’s parents and those with Parental Responsibility;
3. Anyone who is not a parent but has been caring for  the child;
4. Other members of the child’s family who are significant to the child
5. The child’s school and/or the Education Service;
6. The Youth Offending Service, if the child is known to them;
7. The child’s Independent Visitor, if appointed;
8. 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.

2.2 Relevant Considerations

Authority to place a child in secure accommodation will only be given where:

• The Criteria for Secure Placements (as set out above) 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.

In considering whether a secure placement may be appropriate, the following questions must be considered:

1. Does the child have a demonstrable history of absconding?
2. Is he or she likely to abscond from any non-secure accommodation?
3. What evidence is there for this?
4. If he/she absconds, is he/she likely to suffer Significant Harm?
5. Can it be shown why the harm is so significant?
6. If the child is kept in non-secure accommodation, is he/she likely to injure himself/herself or others?
7. Has the child been charged with or convicted of a serious offence?
8. Have all other measures to protect the child and others been carefully considered?
9. Why are they not adequate?
10. Can it be shown that a Secure Accommodation Order will positively contribute to the child’s welfare?
11. Is placement in secure accommodation part of the overall plan for the child?
12. Can clear aims and objectives be identified for a placement in secure accommodation?

N.B.  The following reasons are never acceptable reasons for applying for a Secure Accommodation Order:

1. There is no other placement available;
2. There are staff shortages which mean that adequate care cannot be provided in any other way;
3. The child is a nuisance;
4. The child absconds but is not likely to suffer Significant Harm;
5. As a punishment of the child.

2.3 At Risk of Secure Accommodation Meeting

Where it is considered that the above criteria are met, the social worker should convene an 'At Risk of Secure Accommodation  Meeting'. A legal adviser will be invited to the  meeting, together with a senior member of staff from the child's placement, a representative from the Access to Resources Team and any other professional involved with the child. The  meeting should be chaired by a senior manager.

The  meeting must consider:

1. Why the child is behaving in such a way as to lead to consideration of a Secure Accommodation Order;
2. What other services/resources are available to help the child and/or protect others;
3. Is an application for a Secure Accommodation order in the best interests of  the child?
4. What are the child’s wishes and feelings?
5. What are the views of the child’s parents or others with Parental Responsibility?
6. If an Independent Visitor has been appointed, what are his/her views?
7. What placement is best for the child? What are the alternatives and are these good enough?
8. A detailed Care Plan for the child;
9. The minimum length of placement that will meet the child’s needs;
10. Who will be required to give evidence?
11. Whether any written reports;
12. Where the child will be placed if the Order is not granted.

2.4 Decision

Any decision to place a child in a secure placement on welfare grounds can only be made by the Designated Manager (Placements - Secure Accommodation).  The decision will usually be made following the recommendations of the ‘At Risk of Secure Accommodation Meeting’. 

In relation to a child under 13, the approval of the Secretary of State is also required and an application should be made to the Department for Education.

Where the Designated Manager agrees that a secure placement on welfare grounds is appropriate, the decision must be notified to those consulted and the child’s Independent Visitor. 

The social worker must contact Legal Services as a matter of urgency regarding the application for a Secure Accommodation Order. 

Where the placement is required before there is time to obtain a Secure Accommodation Order, the Designated Manager (Placements - Secure Accommodation) can authorise the placement for up to 72 hours, but the decision cannot be made unless the Designated Manager is satisfied that legal advice has been obtained and confirms that there is evidence to fulfil the criteria and the placement cannot wait until a Court hearing can be arranged. This will only be in very exceptional circumstances;  the Departmental policy is to apply to the Court for authority to place a child in a secure accommodation wherever possible.

2.5 Court Process

The 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 other matters to be considered in preparing the case for Court are:

1. Who will be called as witnesses?
2. For whom will a witness summons be necessary?
3. Who are the persons with Parental Responsibility?
4. Who are the respondents?
5. To whom must notice be given?
6. Who is the most appropriate person to service the notices?  (minimum period of one day)
7. Is there any address of any respondent which should remain confidential; if so, what is the alternative address for the service of the papers?
8. Will any written reports be submitted to the Court prior to the hearing?
9. Is a secure placement available?

The social worker should prepare the child for the Court hearing, by explaining the procedure and the possible outcomes.

Where an application for Secure Accommodation Order is granted, the placement process - see Placement Planning set out below - can proceed. 

Where an application for Secure Accommodation Order is not granted, the At Risk of Secure Accommodation Meeting should be reconvened.

3. Placements Process

3.1	Placement Request
3.2	Identification of Placement
3.3	Placement Planning
3.4	Notification of Placement

3.1 Placement Request

Where a decision has been made that a child requires a secure placement and this has the approval of the Designated Manager (Placements - Secure Accommodation), the child’s social worker should complete and send a Referral Form to the Access to Resources Team.

3.2 Identification of Placement

The Access to Resources Team will contact the National Bed Bank Bureau and any other known appropriate providers to identify possible placements and liaise with the social worker about their suitability. 

The Access to Resources Team will ascertain the services included in the basic cost, what would be regarded as extra cost and the conditions relating to the notice period, and liaise with the child’s social worker and relevant manager as necessary.

When the placement has been agreed as suitable, the Access to Resources Team will negotiate the terms and conditions of the placement with the provider.  Where the provider is a member of the Pan London Consortium, this will be in line with the standardised Pan London Contract. 

The provider’s admissions procedure will then be followed.

3.3 Placement Planning

The procedure in Section 1.4 Placement Planning, Placement in Residential Care Procedure should be followed.

Before the child is placed, the Access to Resources Team will liaise with the child’s social worker and the manager of the home to arrange a pre-placement planning meeting. 

The child, parents and any other significant family members and relevant professionals should also be invited. 

The purpose of the meeting is to share information about the child and the Care Plan, plan the timing of the placement and ensure that a Placement Plan/Placement Information Record is drawn up.

Following the meeting, the child’s social worker will complete and arrange for the circulation of the Care Plan and Placement Plan to the child, parents and home manager.

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.

The social worker must also ensure that the child is provided with information on using the authority’s Complaints Procedure.

In all cases, the child should be accompanied to the placement by the social worker and helped to settle in.

3.4 Notification of Placement

The social worker must notify the placement to all those consulted and involved in the decision-making process. 

In order to ensure the appropriate arrangements to pay the care providers are in place, the Access to Resources Team must complete a Start/Stop Form and distribute it in accordance with Administrative Processes in relation to Stop/Start Forms Procedure.

In addition, the child’s social worker must complete a Change of Circumstances Form, providing the necessary information to his or her team administrative staff so that the child's electronic record can be updated. 

The social worker must also notify in writing the following:

1. The child’s allocated Independent Reviewing Officer;
2. The appropriate health trust, local education service and Children’s Services for 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 home where the child is to be placed. They should be sent within 5 working days of the placement.

It will necessary for the social worker to ensure the child is registered with a GP, Dentist and Optician, either retaining practices known to them or in the area where they are placed and email the Designated Nurse for Looked After Children (see Contact Details Appendix) and the Health Clerical Officer with the new placement address to ensure that the next due Health Care Assessment takes place. 

The social worker must also review the child’s Personal Education Plan - see procedures contained in Education of Looked After Children Procedure.

4. Support, Monitoring and Ending of Placements

4.1	Support and Monitoring of Placements
4.2	Ending of Placements

4.1 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 Procedure.

Also see Placement Planning and Keeping the Placement Information Record Up to Date Procedure,  and Secure Accommodation Reviews Procedure.

The Access to Resources Team will maintain regular contact with the social worker and ask the social worker to complete the Placement Evaluation Form, to monitor the appropriateness and effectiveness of the placement.

The Access to Resources Team will also carry out yearly unannounced visits to all placements, taking up with them any concerns or funding issues as soon as they are drawn to the Team’s attention.

Where the needs of the child in the placement will involve costs in addition to those approved, the placement must be referred to the Placements Panel for authority for any such additional costs before they are incurred.

4.2 Ending of Placements

The child’s social worker should inform all those notified of the placement when a placement ends, including the Access to Resources Team - see Administrative Processes for Start/Stop Forms Procedure.

All children leaving placements with external providers should be given an opportunity to give feedback on the placement.

End