3.2.4 Placements in Secure Accommodation

Wherever practicable it should arise as part of the department’s plan for the young person’s welfare. There should be clear aims and objectives for the placement which those that provide the secure accommodation can meet.

• Secure accommodation is a necessary and integral part of the residential services for young people.  Used in a planned and positive way, it can provide an appropriate placement for a young person who is otherwise likely to suffer Significant Harm, or injure himself or others.
• Secure accommodation must only be used after a careful analysis of the needs and circumstances of the young person concerned, including the potential risks to self and others and an examination and elimination of all possible alternative courses of action. The Children Act 1989 requires secure accommodation to be used only as a “last resort”.

When secure accommodation is being considered for any young person it is essential that:

• The legal grounds for any application for a Secure Accommodation Order are clarified
• The duty to promote and safeguard the young person’s welfare is fully recognised
• Adequate consultation occurs as it would for the making of any placement for a child or young person
• Any Independent Visitor for the child is informed

There are several routes to secure accommodation. This document is primarily concerned with the welfare route and describes the procedures to be followed where staff considers that no other course of action will provide sufficient safety for the young person or others. Reference will be made to the criminal proceedings route, as it is important to be mindful of all the possible uses of secure accommodation when consideration is being given to making a placement on welfare grounds.  The Youth Offending Service provides clear guidance on the use of secure accommodation via the criminal proceedings route.

This document is primarily based on the relevant Legislation; corresponding Regulations and Good Practice.

During criminal proceedings 3 groups of children can be placed in secure accommodation, if certain criteria apply:

• Those detained under Section 38(6) of the Police and Criminal Evidence Act 1984. The police have a duty to transfer such young people to local authority accommodation, unless they consider it impractical to do so.  This could involve a placement within a secure environment, although normally the transfer would be to an open setting. If the Police consider that a placement in a secure environment is essential and a place is not immediately available, they might keep the person concerned in custody until the first available court Hearing.
• Under Section 23 of the Children and Young Persons Act 1969 and or Section 97 of the Crime and Disorder Act 1998, a young person can be remanded to local authority accommodation, with a secure requirement. Young people remanded to local authority accommodation, with or without a secure requirement, acquire a ‘Looked After’ status for the duration of being remanded. The looked after status ceases at the point of sentence, unless the local authority has taken steps to continue the status under Section 20, 31, or 38, Children Act 1989.
• Those  young people who have been found guilty of a serious crime can be made to serve their sentence within secure accommodation (for example, a child found guilty of murder can be made to serve part of the sentence in secure accommodation, under Section 92 of Powers of the Court (Sentencing) Act 2000).
• The duration of the stay in secure accommodation on criminal grounds is determined and reviewed by the court and, in some circumstances, by the Secretary of State (if the young person is under 13 years old).

Any consideration for a secure accommodation order must take into consideration statutory legislation and guidance as set out in:

The Children Act 1989 - Section 25 (hereafter referred to as Section 25)

The Children (Secure Accommodation) Regulations 1991

The Children (Secure Accommodation) Amendment Regulations 1992

Section 25 sets out the statutory criteria which must be met before a young person being Looked After can be kept in secure accommodation:

1. He/she has a history of absconding and is likely to abscond from any other description of accommodation; and
   
   If he/she absconds, he/she is likely to suffer Significant Harm;
2. That if he/she is kept in any other description of accommodation he/she is likely to injure him/herself or other persons.

This meeting will address all the issues raised regarding the current presenting risks to the young person or others; it will also consider the following issues:

• Details of the young person’s assessed needs
• Details of all the actions the department has previously taken with the young  person to prevent an escalation of behaviour
• The young person’s history of being looked after i.e. types of placements, duration of these placement, reasons for the breakdown of these placements
• The history of absconding and the likelihood of the young person absconding from any placement other than a secure unit.
• The likelihood of her/him suffering Significant Harm if (s)he does abscond
• The likelihood of her/him injuring her/himself or others
• The young person’s requirements whilst in the secure unit e.g. psychiatric assessment, an anger management programme, full assessments etc.

The following will also attend the planning meeting:

1. The allocated social worker
2. The case responsible team manager and/or Service Manager (The social worker must not attend without the support of a manager)
3. The allocated Independent Reviewing Officer, if appropriate
4. The team manager or Service Manager, Access to Resources Team or the team manager if the Service Manager is chairing the meeting
5. Any other professional who the case responsible team manager considers should attend
6. Administrator to the Service Manager chairing the meeting; for the purpose of taking minutes.

If the Assistant Director decides that an application will be made for a Secure Accommodation Order, the following people must, if practicable, be informed of this intention as soon as possible:

1. The parent/s
2. Any person who is not a parent but who has Parental Responsibility
3. The child’s Independent Visitor, if one has been appointed
4. Any other person the local authority considers should be informed.

In very exceptional circumstances, during extended holiday periods, such as Christmas Day and Boxing Day or immediately following a week-end, the local authority may need to move very quickly to prevent a child suffering Significant Harm, or potentially placing others at risk. In such circumstances it may not be possible to convene a Secure Accommodation Planning Meeting. On these occasions the Assistant Director might be asked directly to consider the 72 hour provision, such a request can only be made by the duty Service Manager.

If the 72 hours start during a holiday period and there is:

1. The need to extend the placement beyond 72 hours
2. There is no court sitting within the 72 hour period

an application for an Order has to be made to the court by 12 noon of the first working day following the holiday.

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.

As a minimum, the following people must be invited to the 72 hour post admission meeting and the subsequent first day Child Care Review:

1. The allocated social worker
2. The young person
3. The child’s parent or carer
4. The Children’s Guardian and/or the young person’s solicitor
5. The case responsible team manager or service manager
6. A senior representative from the secure unit
7. The Independent Reviewing Officer.

The Plan agreed at the 72 hour placement planning meeting will be reviewed at no less than 3 weekly intervals; collectively by:

• The case responsible team manager
• The allocated social worker
• The young person
• The parents or carers of the young person
• A representative from the secure unit
• Anybody else, as identified by the designated team manager

Prior to the placement planning review the social worker must seek the views of all the above people. These views may be obtained by:

• Telephone
• Visits
• Reports

Purpose of Meeting

The Purpose of this meeting is to decide whether or not the Assistant Director will be asked to:

1. Agree to an application being made to the Court for a Secure Accommodation Order
2. Consider agreeing to the use of the 72 Hour Provision.