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Contents

1. Introduction
2. Criteria
3. What kind of Order?
4. The Welfare Order (Section 25)
5. Length of Welfare Order
6. Admissions
7. Young People and Secure Accommodation
8. Planning Procedure
9. Secure Accommodation Review Arrangements
10. Purpose of a Secure Accommodation Review Panel (SARP)
11. Conduct of the Secure Accommodation Review
12. Planning SAR Panels
    
    Appendix A: Flow Chart-Secure Accommodation Process
    
    Appendix B Flow Chart-Secure Accommodation Review Panels (SARP)

1. Introduction

1. Restricting the liberty of a child /young person is a most serious step and should be taken only as a ‘last resort’. The deprivation of a child/young person’s liberty denies him or her basic human rights and should only be considered when all measures to keep the child/young person safe in the community have been considered, tried and rejected. For instance, if a child/young person absconds frequently from his or her accommodation but is not likely to suffer Significant Harm in doing so a secure placement is not an appropriate option.
2. It is important that when a secure placement is being considered there is a clear view as to the purpose of using the secure accommodation and how this fits into the overall Care Plan. This should be achieved through a clear understanding of the aims and objectives of the Secure Accommodation Placement and that those providing the accommodation can fully meet these aims and objectives.
3. Secure placement, once made should only be for as long as is necessary and unavoidable. No secure placement can be made without a prospective discharge plan being in place at the point of admission to ensure the young person returns to the community with a continuity of care.
4. Each secure children’s home is required to offer a high quality of care, education, assessment and therapeutic work to make a positive impact in the lives of young people so they do not remain socially or educationally excluded on their return to the community.

2. Criteria

1. Section 25 of the Children Act 1989 sets out the criteria, which must be considered before placing a young person in secure accommodation.
2. Section 25 of the Children Act 1989 states ‘a child who is looked after by a Local Authority may not be placed and if placed, may not be kept, in accommodation provided for the purpose of restricting liberty unless it appears that:
   • S/he has a history of Absconding and is likely to abscond from any other description of accommodation and
   • If s/he absconds s/he is likely to suffer significant harm or
   • If s/he is kept in any other description of accommodation s/he is likely to injure her/himself or other persons.’
3. When placing a child in secure accommodation the welfare of the child/young person is relevant but not paramount:
   
   ‘In coming to the decision to restrict the liberty of the child, the local authority will also have regard to their duty to safeguard and promote the welfare of the child who is looked after by them. The welfare principle is rightly to be considered by the local authority in coming to so serious and draconian decisions to restrict the liberty of a child. They have the power, however, to place him in secure accommodation if he is likely to injure others, rather than himself. This power may be inconsistent with the concept of the welfare being paramount.’
   
   Re: M (Secure Accommodation Order) (CA) (1995) 1 FLR. 418
4. Seeking to place a child in secure accommodation must be seen as the placement of choice, where the identified needs of the child require a safe and secure placement with skilful staff delivering specialised programmes.
5. The following children/young people may not have their liberty restricted:
   • Child under the age of 13 years
     
     Under Regulation 4 of the Children (Secure Accommodation) Regulations 1991 for a child under the age of 13 years, approval must be obtained before the Secretary of State (Department for Education) and include consultation with Ofsted. A formal written submission should be submitted, providing details of why restriction of liberty is considered the only appropriate way of dealing with the child.
     
     The Children (secure accommodation) Regulations 1992, added amendments to the Children (secure accommodation) Regulations 1991 allow the Secretary of State giving approval ‘subject to terms and conditions as he see fit’.
     
     Once the child ceases to be placed in secure accommodation and while the child remains under 13 years it will be necessary for the local authority to seek further approval of the secretary of state should it again wish to place that child in secure children’s home. However, when a local authority approaches a court for an extension to a secure order, the approval of the secretary of State is not required unless there has been a break in the secure placement.
   • Young Person aged 17 Years
     
     If a child who is accommodated under section 20 has attained the age of 17 years, an application for secure accommodation order can not be made in respect of them.
6. If the child is Accommodated under Section 20 of the Children Act 1989, any person with Parental Responsibility can remove the child from secure accommodation at any time.
7. If the child is 16 and accommodated under Section 20 of the Children Act 1989 the child/young person can elect to leave secure accommodation upon reaching their 16th birthday.
8. DfEs will consult with Ofsted prior to granting their approval for a secure application to be made.  Dfes will then notify the Local Authority of their decision.
9. The receiving unit will request evidence that this permission for placement has been sought from the child’s parent(s) and/or persons holding Parental responsibility.

3. What kind of Order?

1. The 72 Hour Rule
   
   In an emergency, where the criteria are met and an immediate placement is needed to prevent the risk of Significant Harm, the social worker should discuss the case with a relevant Service Manager and Team Manager and obtain approval from the Director Children's Social Care for the Secure Order. Secretary of State approval is still required for those children under the age of 13.
2. A Director's Order can only extend for a period of 72 hours consecutively or in aggregate in any period of 28 consecutive days. It cannot be repeated for the same child without going to court.
3. Some easement of this provision is provided to meet difficulties which may be faced when a short notice application is made where a 72 hour period expires late on a Saturday, a Sunday or a public holiday.
4. Where a child is placed in secure accommodation at any time between 12 midday on the day before and 12 midday on the day after a public holiday or a Sunday, and:-
   • During that period the maximum period of 72 hours expires, and
   • In the 27 days before the day on which he was placed in secure accommodation been placed and kept in secure accommodation for an aggregate of more than 48 hours.
5. The maximum period (of 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.
6. Certain authorised managers within the Local Authority can only make Director’s Orders or a Service Manager, when delegated to deputise in the Director’s absence.
7. The secure children’s home will require a copy of the Director’s Order before they will admit the child to their unit.

4. The Welfare Order (Section 25)

1. A welfare order is made on application to the Family Proceedings Court.
2. Each Local Authority will have their own procedure. However, it is normal practice that the social worker would consult with senior managers before an application is made.
3. Initial legal advice should be sought from the local authorities legal section to inform the decision making process.
4. Permission from the Director Children’s Social Care or Service Manager would normally have to be obtained before the application is processed.
5. The social worker will need to complete a standard application to their Legal Department for commencement of legal/care proceedings. This will trigger CAFCASS into appointing a Children’s Guardian who must be appointed prior to the hearing.
6. The social worker must prepare a report in support of the application stipulating the section under which the application is made, what criteria have been demonstrated and evidence of the incidents.
7. In the case of young people already looked after by the local authority, it is sometimes helpful to request a report of the attendance of those who have been most involved in the care of the young person.
8. All adults with parental responsibility should be notified 24 hours in advance of the application. It is good practice to inform all adults with an interest in the welfare of the child.
9. For a child not on a Care Order or on remand, parental permission and agreement is needed. A person with parental responsibility for a young person may at any time remove her/him from the accommodation being provided.
10. If parents withhold consent consideration of application for an interim care order, along with secure accommodation needs to be made.
11. For those young people who are aged 16 or 17 who are accommodated, an interim or full Care Order should be considered. The legal right to restrict a child’s liberty without such an order relies on the voluntary agreement of the young person to reside within the unit.
12. If he/she does not wish to remain then, without an order, the placing authority and the unit have no legal right to detain the young person.
13. Anyone with Parental Responsibility should attend court.
14. The secure children’s home will require a copy of the Welfare Order (S25) before they will admit the child to their unit.

5. Length of Welfare Order

1. In welfare cases the maximum periods a court may authorise a young person to be kept in secure accommodation are:
   • 3 months on first application to the court
     
     and
   • 6 months in respect of subsequent application to keep the young person in accommodation.
2. The Courts can make shorter orders in each case. Courts often prefer to make 28-day orders in the first instance. Social Workers will often need to be prepared to argue the case for a longer order in the first instance.
3. However, all Secure Accommodation Orders are permissive orders. Therefore, it is advisable for social workers and team managers to bear in mind that it is important the young person engages in the work the secure undertakes and it has been demonstrated that this is not possible if the Secure Order is 1 month at a time. The Secure Accommodation Review Panel strongly advises a 3 month Secure Order and should the young person engage effectively in less time then the Secure order can be discharged.

6. Admissions

1. The maximum length of the initial secure accommodation order is 3 months. However, they are more likely to grant an interim order for a shorter period. The maximum order thereafter is 6 months.
2. It is the responsibility of the Local Authority to ensure the eligibility criteria for securing the child/young person exist and that this is reviewed regularly.
3. A secure accommodation order is a permissive order. Therefore, if the child is considered, at any point, within the period defined in the order, to no longer meet the eligibility criteria, the child must be released.
4. Admission to secure accommodation must form part of the Care Plan, with a clear idea about how it fits into the overall plan.
5. Social workers must have a firm plan about where they want the person to go on discharge, mindful that a discharge could take place at short notice if it is decided that the criteria no longer apply.
6. Contingency planning is vital when working with young people in secure accommodation as the Court of Secure Accommodation Review Panel may discharge them from the secure unit.  In these situations the social worker may have little notice.
7. The Court making the order will want to hear about the overall care plan and what the social worker envisages for the young person-beyond secure accommodation. The Court will need to be reassured that, as far as possible, there will be continuity of care, education and other professional support when the young person leaves secure accommodation.
8. Young people remain Looked After when placed in secure accommodation therefore the LAC accommodation pack should be completed and change of circumstances form completed
9. Secure units will not accept an admission without good quality information about the young person including a detailed risk assessment of:-
   • Absconding (and what risk this presents)
   • Self-harm (including attempted suicide)
   • Injury to others (residents and staff)
   • Danger from the community
   • Danger to the community
   • Unsupervised visits (at secure unit)
   • Current educational needs
   • Statement of Educational Special Needs
   • Mental Health Assessment
   • Psychological Assessment
   • Drug Misuse.
10. The information is normally provided within the referral form but it is helpful to send relevant information, including the most recent Core Assessment, Care Plan and most recent review record. Secure units require a much higher level of information than other children's homes.

7. Young People and Secure Accommodation

1. Whenever possible the young person must be fully informed about what is being considered.
2. A young person should be kept informed about the placement once it has been agreed and should not be misled about where they are going and why - even if there is a high risk of absconding.
3. The young person has the right to apply for legal aid and have legal representation at court. Assistance should be given to help them when required to ensure they have representation. If the child/young person is not represented at the hearing, the court will not authorise placement in secure unless satisfied that he has had every opportunity to obtain representation but has declined to do so.

8. Planning Procedure

A placement in secure accommodation is managed as under looked after children regulations so relevant documentation must be completed as in any other care setting.

Within 5 days of the placement a Planning Meeting must be held in the Secure Unit to establish the Care Plan for the child/young person August 2010.

The Social Worker must arrange this meeting in consultation with the Secure Unit in order to ensure the required personnel are available. This would include:

• Child
• Parent or person with Parental Responsibility
• Unit Key worker
• Secure Unit Manager
• Education Representative
• Child’s Guardian
• Representative from Secure Unit’s Therapeutic Support (where appropriate)

The Planning meeting must be chaired by the Team Manager and it will address the following issues:

• All aspects within Placement Plan Part 2 such as discussions regarding the expectations and practicalities for the secure unit to look after the child/young person effectively. This must address the specific identity and cultural needs of the young person under s22(5) of the Children Act
• The detail and nature of any assessment undertaken within the unit, any additional work that can be carried out with the child/young person and with specific workers allocated particular tasks.
• If the child/young person was previously accommodated by the local authority in a non-secure setting this meeting will update the Care Plan in light of the secure placement.

9. Secure Accommodation Review Arrangements

1. A panel will need to be established in respect of every placement in order to consider the criteria for placing a child within secure accommodation.
2. The Secure Accommodation Review Panel should take place within 28 days of the young person being placed and thereafter at 3 monthly intervals.
3. Secure Accommodation Review Panels (SARP's), sometimes called "Criteria Reviews", should not be confused with Looked After Statutory Reviews, which should be carried out with other placements.
4. Secure Accommodation Regulations 15 and 16 set out requirements for SAR's:
   • It requires the local authority that places a young person in Secure Accommodation to hold a SAR within 28 days of the start of the placement and thereafter at intervals not exceeding 3 months.
   • A SARP should be carried out by a panel of at least 3 persons and is chaired by a Service Manager.
   • At least one member of the panel must not be employed by or be a member of the local authority, which is responsible for looking after the young person (either the placing authority or the authority who is looking after the young person on behalf of the placing authority).
   • Issues of ethnic background and gender should also be addressed in deciding the make up of the SAR Panel.
   • The other two panel members should not be people who have had any direct involvement in placing the young person in secure accommodation.
5. The SARP does not take the place of the Statutory Looked After Children Review. It should be separate from any other meeting even if; Statutory Children Care Review takes place on the same day.

10. Purpose of a Secure Accommodation Review Panel (SARP)

1. The purpose of Secure Review Meetings is to ascertain whether or not the criteria for restricting the young person’s liberty continue to be met.
2. It needs to be kept separate from the statutory Looked After Child Review procedure that applies to all Looked After Children.  It may be helpful to co-ordinate meetings on the same day, but if so, the Looked After Children Review should always be separate to and follow the Secure Accommodation Review.
3. The SAR Panel is required to consider whether:
   • The criteria for keeping the young person in Secure Accommodation continue to apply;
   • The placement is still necessary;
   • There is any other description of accommodation (possibly with an additional support package) which could safeguard the welfare of the young person and others.
4. The SAR Panel, if practicable, should take into account the views and feelings of:-
   • The young person
   • Any person with parental responsibility
   • Any person who has had the care of the young person
   • The young person's independent visitor, if one has been appointed
   • A representative of the secure accommodation
   • The local authority managing the secure accommodation in which the young person is placed when that authority is not the authority who are looked after the young person.

11. Conduct of the Secure Accommodation Review

1. Research has shown that young people placed in secure have remembered the trauma of the SARP: how powerless they felt and the fact that no-one listened to them. It is important that it is clear that the social worker and key worker in the unit are responsible for preparing the child/young person. The Independent representative to the unit who visits the units has a role to check that this is happening. All reports for the panel must be shared with the child/young person and parent/s or those with parental responsibility before the review.
2. The child/young person has a right to independent representation and arrangements should be made for a briefing before the meeting and de-briefing after the meeting. The child/young person’s input in to the review is important and they should be encouraged to put something in writing to go alongside the reports.
3. One of the independent panel members should see the young person before the review.
4. All reports should be circulated before the meeting.
5. The chair will set out the purpose and structure of the meeting and which secure accommodation criteria the panel will be testing.
6. The Social Worker’s report, which will include the background as to why the child/young person is in secure accommodation and a view on whether s/he should remain there. The report should have details of the exit plan and accompanied by a copy of the original report for court (if available) outlining the criteria.
7. The social worker is expected to provide the Chair of the first review panel with a copy of the child’s care plan, the original court report and chronology of the events prior to placement in secure accommodation.
8. At subsequent panels the social worker should provide an updated Chronology, which can include incidents prior to becoming subject to a secure accommodation order if these incidents are considered relevant for the panel.
9. The social worker and a representative of the secure unit will then present evidence. There should also be an education report and if relevant psychiatric or psychological reports. Evidence given during the court process is appropriate for the panel to consider alongside more recent/current evidence of the young person’s situation.
10. Professional's contribution should address the core issues of absconding, injury to self and/or injury to others. The Children Act welfare checklist should also be kept in mind and be considered.
11. The young person and/or his/her representative should be permitted to offer a different view or challenge the evidence presented. Notes should be made in the minutes of different points of view or interpretation of the facts.
12. The young person and/or his/her representative should then be permitted to present the evidence for the young person and similarly the social worker and representative of the secure unit should be permitted to offer a different view of the facts.
13. Finally the social worker and/or representative of the secure unit should be asked to summaries the facts and the young person or their representative must summaries their view of the facts.
14. The SARP should then discuss in private their findings and conclusions before presenting recommendations to the meeting.
15. Review Panel members must satisfy themselves that the criteria for keeping the child in secure accommodation continue to apply and that the placement in such accommodation continues to be appropriate if they are to recommend continuation of the secure placement.
16. In doing so they shall have regard to the submissions of the child whose case is being reviewed and the other attendees and the future requirements of the child.
17. Should the Review Panel conclude that the criteria are not met; an immediate exit strategy and alternative care plan must be established in consultation with the Service Manager responsible for the case.
18. The Chair must sum up and present the findings in language that the young person understands. The chair is responsible for ensuring the young person is fully informed of the decision.
19. The meeting should then agree the date for the next panel review (if required).
20. Where the Review Panel recommends that a young person remanded to secure accommodation no longer meets the criteria for the restriction of liberty, the Local Authority may wish to place the young person back before the court prior to their release. This will be particularly advisable where the young person was remanded to secure as an alternative to being held in youth custody. Legal advice must be sought immediately to clarify the actions that need to be taken.

12. Planning SAR Panels

1. Sylvia Sheppard, Committee Officer Governance Support, is responsible for setting up the SARP meetings. This should start as soon as the order has been obtained, as there are only 28 days until the first review.
2. The Review should be held in the residential unit to ensure that the young person can attend. The Social Worker must contact the secure unit to see if they have any special arrangements regarding review panels and ask for an available date. (Some Secure Units may only hold reviews on certain days or times).

Appendix A: Flow Chart-Secure Accommodation Process

Click here to view Appendix A: Flow Chart-Secure Accommodation Process.

Appendix B  Flow Chart-Secure Accommodation Review Panels (SARP)

Click here to view Appendix B Flow Chart-Secure Accommodation Review Panels (SARP).