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Contents

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

1. Assessments and Legal Criteria

For children under 13 see Section 6, Secure Placements for Children under 13.

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). For procedures relating to criminal or remand placement, contact the Youth Offending Service.

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 Director may approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.

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. 

The manager should consult Legal Services.

2. Consultations and Planning

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;
• A Legal Planning Meeting (see Legal Planning Meeting Procedure) will consider the criteria for a Secure Accommodation Order;

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 should be consulted 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

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

In coming to a decision, the Director 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. 

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:

• 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

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 should complete a Gatekeeping Form and consult the Duty Placements Officer.

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. 

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 Reviews Procedure - to follow.

5. Renewal of Orders

If it appears that the Secure Accommodation Order should be renewed, advice from Legal Services should be sought and the Director consulted. 

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 Looked After Children Division at the Department for Education. 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 : 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 order; 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; An indication of the alternatives to secure 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 care; and Agreement in writing – from the Designated Manager (Secure Placements) – to seek the Secretary of State’s approval.
3.	The Department for Education 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.	The Department for Education 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 Department for Education out of hours and ask for the Looked After Children Division Duty Officer

End