torbays policy Police Protection Order

Secure Accommodation Order

Policy statement

Children’s services policy is to comply with legislative criteria when considering the use of secure accommodation

Policy status

• Children Act 1989 s25
• Children (Secure Accommodation) Regulations 1991

Key Points

1. Section 25 of the Children Act 1989 only applies to a child who is being looked after by a local authority.
2. Accommodation provided for the purpose of restricting liberty is otherwise known as ‘secure accommodation’.
3. Secure accommodation should be considered as a last resort.
4. A child cannot be placed in or may not be kept in secure accommodation unless it appears that:
   • The child has a history of absconding and is likely to abscond from any other description of accommodation AND
   • If the child absconds he/she is likely to suffer significant harm OR
   • That if the child is kept in any other description of accommodation he is likely to injure himself or others.
5. If a child is under the age of 13 approval must be sought from the secretary of state. Legal services should first discuss the case with the children’s services inspectorate.
6. The assistant director is empowered to approve 72 hours of secure accommodation, with the agreement of someone with parental consent, or if the local authority hold an (interim or) care order.
7. A social worker should discuss the case with their service manager if they believe that a secure accommodation order may be appropriate. An internal legal discussion meeting should then take place.
8. A court will determine whether or not the relevant criteria for keeping a child in secure accommodation are satisfied. The court will then make an order allowing the child to be kept in secure accommodation and specifying the maximum period for which the child may be so kept.
9. In the event the application is adjourned the court may make an interim secure order.
10. A court will not make an order unless the child is legally represented or has refused to apply for representation.
11. In this situation the welfare of the child is relevant but not paramount.

Standards

The following points should be addressed by the social worker:

• the nature of the application,
• history of absconding,
• likelihood of absconding in the future
• likelihood that the child will suffer significant harm
• likelihood that the child will injure himself or other.

Secure accommodation order procedure

Task	Responsible Officer	Record	Timescale
Decide that a looked after child should be placed in accommodation provided for the purpose of restricting liberty.	Social worker & service manager	PARIS	As appropriate
Make enquiries about the availability of a secure provision through the contracts manager.	Social worker	PARIS	Immediately
Call a secure accommodation meeting meeting if service manager agrees in consultation with the assistant director	Social worker	PARIS	Within seven days
Hold the meeting chaired by operations manager	Executive head or an officer so nominated	Minutes	Within seven days
Decide whether the criteria is met and whether to call a secure accommodation meeting.	Meeting	Minutes	Within seven days
If the child is under 13 and it has been decided that secure accommodation is appropriate seek approval from the secretary of state.	Legal	Minutes	Immediately
If the meeting decides that the matter is urgent then the operations manager will seek agreement from the assistant director for a 72 hour provision.	Operations manager/ executive head	Minutes	Immediately
If appropriate hold a secure accommodation meeting chaired by assistant director. Invite the following, social worker, legal, service manager, child, any other relevant agency workers, parents and child’s advocate.	Executive head	Minutes	As appropriate
Ensure that the most appropriate unit is aware that you are making an application and that they will hold the bed.	Social worker	PARIS	Immediately
Arrange secure escort service to take the child to the unit following the hearing if order is granted	Social worker	PARIS	Immediately
Produce all necessary documentation in support of the application, normally a statement, outlining what the purpose of the secure accommodation is, how long, an exit plan (if appropriate) and the risk.	Social worker	Court statement	Immediately
Legal services to complete application	Legal	Copy application	According to court timetable
Present case to court verbally	Legal/ social worker	PARIS	Immediately
Obtain a copy of the order	Legal	Case note	According to court timetable
Notify the IRO that CLA reviews will need to take place	Social worker	PARIS	When child is placed
Hold a secure accommodation review meeting at the secure unit chaired by an independent reviewing officer. This will decide whether the criteria is still met and whether to apply for a further order or an extension to an interim order.	IRO	PARIS	Within 28 days or sooner if a short order
Prepare an addendum statement to the previous report and submit to legal services.	Social worker	PARIS	As advised by legal services
Submit application	Legal	PARIS	As appropriate
Notify parties of the hearing	Legal
Discuss with Legal services if you think it is inappropriate for the child to appear in court.	Social worker	PARIS	Immediately
Organise with the unit to ensure that the child can be transported to Court if appropriate.	Social worker	PARIS	Immediately
Attend court	Social worker/ legal services	PARIS	As appropriate