4.2.4 Placements in Secure Accommodation

SCOPE OF THIS CHAPTER

This procedure applies to the placements of Looked After children in secure accommodation on welfare grounds.

The chapter includes the criteria for placements in secure accommodation in criminal proceedings; however the responsibility for arranging such placements rests with the Youth Offending Team. See YJB Protocol for Court Ordered Secure Remands

Secure Accommodation Criteria
Decision to Place in Secure Accommodation
Placements Process
Secure Placements for children under 13
Support and 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 (Secure Accommodation Placement) can approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.

The Designated Manager will not agree an application to Court for a Secure Order, until details of the child's placement, where they are normally resident in Bradford, is identified. Consequently, no child or young person will enter secure accommodation without knowing where they will be returned to, immediately upon the secure criteria not being met.

This will also encourage and support the formation of a Team Around the Child, made up of professionals from the placement and the locality where the placement is situated, to immediately group and develop an exit plan that responds to the young person needs, immediately upon the secure criteria no longer being satisfied.

The aim must be that children and young people spend the very minimal amount of time in a secure placement, given the seriousness of incarcerating young people and restricting their liberties. Therefore, the focus of planning must be from day one of the secure placement, to plan for a successful reintegration and return to the community.

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. (See Section 4, Secure Placements for children under 13)
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.

1.2 Placements in Criminal Proceedings

N.B. Placements in secure accommodation in criminal proceedings are the responsibility of the Youth Offending Team

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

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:

The child
The child’s parents
Anyone who is not a parent but has been caring for or looking after the child
Other members of the child’s family who are significant to the child
The child’s school or education authority
The Youth Offending Service, if the child is known to them

Any decision to place a child in a secure placement on welfare grounds can only be made by the Designated Manager (Secure Accommodation Placement) and, if made, must be notified to those consulted and the child’s Independent Visitor.

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

Where the Designated Manager agrees that a secure placement on welfare grounds is appropriate, the social worker must contact Legal Services as a matter of urgency regarding the application for a Secure Accommodation Order.

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

Where the placement is required before there is time to obtain a Secure Accommodation Order, the Designated Manager (Secure Accommodation Placement) can authorise the placement for up to 72 hours. Such a placement will be regarded as an Emergency Placement and the procedure set out in Emergency Placement Procedure must be followed.

3. Placements Process

3.1 Definition of Planned Placement

A Planned Placement in secure accommodation is the placement of a Looked After child following an assessment and planning process whereby, at the time of the placement, a Care Plan and Placement Plan/Placement Information Record are in place and a Secure Accommodation Order has been made. The approval for an application for a secure placement will be made by the Designated Manager (Secure Accommodation Placement), who will ensure that the case is discussed at the MAPT.

Where the placement is made with the authority of the Designated Manager (Secure Accommodation Placement), but no Court Order, the placement is deemed to be an Emergency.

See Emergency Placement Procedure.

3.2 Placement Request

Where a decision has been made that a child requires a secure placement and this has the approval of the Designated Manager (Secure Accommodation Placement), the child’s social worker should complete Basic Information Form and a Referral for Service Form and send it to the Placement Co-ordination Team.

The Referral Form contains information about the child; the type of placement sought, the date by which the placement is required, the likely length of time for which the placement is required and the expected level of contact between the child and parents. The referral should be supported by the following documents:

Initial Assessment or Core Assessment,
Any relevant medical reports,
The child’s Statement of Special Education Needs (SEN) (where relevant),
The most recent Looked After Review minutes (in relation to a child already looked after),
The most recent Strategy Discussion/Meeting or Child Protection Conference minutes (where applicable)

3.3 Identification Of Placement

The Placement Co-ordination 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 Placement Co-ordination 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.

The social worker may then arrange visits to the proposed placement, with the child (if old enough) and parents (if appropriate).

When the placement has been agreed as suitable, the Placement Co-ordination Team will negotiate the terms and conditions of the placement with the provider. No contract will be for longer than 3 months and each will have a date for a contract review.

The provider’s admissions procedure will then be followed.

3.4 Placement Planning

Each secure unit will have its own placement planning procedure and therefore the social worker should liaise direct with the provider to establish this.

Before the child is placed, the Placement Co-ordination 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 Placement Plan/Placement Information Record and Care Plan to the child, parents and home manager. The manager of the home will arrange for the Placement Plan to be drawn up.

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.

3.5 Notification of Placement

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

In addition, the child’s social worker must provide the necessary information to the relevant administrative staff so that the child’s records can be updated.

The social worker must also notify the following:

The Conferences and Reviews Unit. This notification may be given verbally, to an already allocated Group Service Manager who acts as Independent Reviewing Officer, but must also always be given in writing.

This notification will trigger, if necessary, the appointment of an Independent Reviewing Officer, who will contact the social worker to make arrangements for a Review of the Secure order.
The appropriate health trust, local education authority and Children's Social Care 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.

It will be 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.

In relation to a first looked after placement it will also be necessary for the social worker to arrange a Health Care Assessment (see Health Care Assessments and Plans Procedure)

The social worker must also complete a Personal Education Plan (see Education of Looked After Children Procedure)

4. Secure Placements for Children under 13 years

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 with 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 DFE 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.	DFE 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 DFE out of hours and ask for the Looked After Children Division Duty Officer.

5. Support and Ending of Placements

5.1 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 at specified intervals; see Social Worker Visits Procedure.

Also see Secure Accommodation Reviews Procedure.

The Placement Co-ordination Team will arrange for the placement to be reviewed at regular intervals as agreed at MAPT when the placement was authorised.

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

As soon as a placement in Secure Accommodation is identified, the Social Worker must coordinate a Team Around the Child meeting, which will immediately start to develop an exit plan that responds to the needs of the young person. This plan will need to be continually reviewed and updated. The Team Around the Child should comprise of the social worker and carers/professionals who will be working with the child upon their return to the community. The plan will be for the child to return to the placement they moved to Secure Accommodation from or, the placement that the Placement Coordination Team identified for them. If there are any proposed changes to this plan, the placement coordination team need to be informed of this, and they will liaise to ensure this placement is available. If a new placement will be needed, the placement coordination team need to be given all the necessary information to identify a new placement as soon as possible. If this is an external placement MAPT procedures will need to be followed, and the social worker will need to liaise closely with Education and Health as appropriate in planning for this placement.

5.2 Ending of Placements

The child’s social worker should inform all those notified of the placement when a placement ends, including the Placement Co-ordination Team.

Where a secure placement ends in an unplanned way, the Commissioning Team will call a meeting to discuss the causes of the breakdown and inform further placement planning. The child’s social worker, the child, the child’s parents, a representative of the external provider and any other significant people (as agreed between the Commissioning Team and the social worker) should be invited.

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