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Contents

1.	Secure Accommodation Criteria
2.	Decision to Place in Secure Accommodation
3.	Placement Process - Planned Placements
	3.1	Definition of Planned Placement
	3.2	Placement Request
	3.3	Identification of Placement
	3.4	Placement Planning
	3.5	Notification of Placement
4.	Placement Process - Emergency Placements
	4.1	Definition of Emergency Placement
	4.2	During Normal Working Hours
	4.3	Outside Normal Working Hours
5.	Support and Ending of Placements
	5.1	Support and Monitoring of Placements
	5.2	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) can approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.

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*;
• They are over 16 and have themselves asked to be Accommodated;
• Accommodation would be or is being provided on a voluntary basis and a Parent objects to a secure placement.

*The contact details within the Department of Education and the requirements for seeking the Secretary of State’s approval are set out in the National Contacts.

1.2 Placements In Criminal Proceedings

Please also see YJB Court Ordered Secure Remands Protocol

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 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:

1. The child;
2. The child's parents;
3. Anyone who is not a parent but has been caring for or looking after the child;
4. Other members of the child's family who are significant to the child;
5. The child's school or education authority;
6. 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) 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;
• There is a Care Plan in outline at the very least.

Children under 13

For children under 13, the approval of the Secretary of State will also be required. The case should first be discussed with the Department for Education.

Once a child's secure placement ends, if a new secure placement is to be made while that child remains under the age of 13, the local authority must again seek the approval of the Secretary of State for that placement. However, if the local authority wish to extend the original secure placement (i.e. where there is no break in the secure placement) further Secretary of State approval is not necessary.

3. Placements Process - Planned Placements

3.1	Definition of Planned Placement
3.2	Placement Request
3.3	Identification of Placement
3.4	Placement Planning
3.5	Notification of Placement

3.1 Definition of Planned Placement

A Planned Placement 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. In addition, in relation to all Planned Placements in secure accommodation, a Secure Accommodation Order must have been made.

Where the above plans are not in place, the placement is deemed to be an Emergency.

See below for Section 4, Placement Process - Emergency Placement.

3.2 Placement Request

The child's social worker will complete a formal Placement Request, which must be signed by the manager and then forwarded to the Designated Manager (Secure Accommodation) , setting out why the criteria for secure accommodation are met, what other strategies have been considered for the child, the aims and objectives of the placement and the Care Plan for the child.

The Designated Manager (Secure Accommodation) must approve the proposed placement before the social worker makes a referral to the Brokerage Unit - the procedure for making a referral is the same as in Placements in Residential Care Procedure. The Brokerage Unit will then contact potential providers and obtain details of placement availability.

The Designated Manager will ensure that the criteria for secure placements are met.

Where the Designated Manager agrees that a secure placement 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, including what will be said by whom and in what order.

3.3 Identification of Placement

The Brokerage Unit will take the necessary steps to consult appropriate providers through the Secure Bed Bank and identify a suitable placement.

As part of this process the social worker may be asked to arrange visits to the proposed placements, perhaps with the child and parent(s), to discuss how the child's needs can be met.

When a suitable placement has been identified and agreed by the Designated Manager (Secure Accommodation) and the secure unit, the placement planning process can normally start. 

3.4 Placement Planning

The child's social worker is responsible for ensuring that a Placement Plan/ Placement Information Record is completed for the child.

In addition, each secure unit may have its own placement planning procedure, including drawing up a detailed Placement Plan for the child, and therefore the social worker should liaise direct with the provider to establish this.

Whenever possible, the social worker should arrange for the child and parent(s) to undertake at least one, pre-placement, visit.

Before the child is placed, the social worker should liaise with the provider to arrange a pre-Placement Planning Meeting.

The child, parents and any other significant family members and relevant professionals should also be invited. The social worker's manager should also attend the meeting.

The purpose of the meeting is to finalise the Care Plan and enable the completion / update of the Placement Plan / Placement Information Record for the child.

The Placement Plan should cover the same issues as those listed in Placement in Residential Care Procedure (see Section 2.4, Placement Planning of Placements in Residential Care Procedure).

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 provider. The child's Independent Reviewing Officer should be included on the Care Plan circulation.

In addition the social worker must obtain a copy of any more detailed Placement Plan completed by the secure unit and ensure a copy is provided to the child and the parents.

The relevant administrative staff will log the dates when documents are circulated on the LAC Administration Form.

The social worker should also ensure that the home's Children's Guide and any other information that is available for the child is given to him/her.

The social worker must also ensure that the child is provided with information on using this authority's Complaints Procedure.

3.5 Notification of Placement

Notification of the placement must be sent to all those consulted and involved in the decision-making process. Unless otherwise stated, notifications must be sent within 5 working days of the placement.

In addition, the child's social worker must provide the necessary information to the relevant administrative staff in a LAC Change Report so the child's records can be updated.

The social worker must also notify the following:

1. The Quality Assurance and Safeguarding Unit. This notification may be given verbally, to an already allocated Independent Reviewing Officer, but must also always be confirmed 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 Looked After Review;
2. The appropriate Health Trust, as well as the Education Service and Children's Social Care Services for the area where the child is placed. These notifications must be made within two working days of the placement and must be made in writing advising of the placement decision and the name and address of the provider with whom 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 Health Care Plans Procedure and a Personal Education Plan (See Education of Looked After Children Procedure);
3. In relation to a child's first looked after placement, it will also be necessary to notify the date of the first Looked After Review to the team manager who will be responsible for the case when it is transferred after the first Looked After Review.

4. Placement Process - Emergency Placement

4.1	Definition of Emergency Placement
4.2	During Normal Working Hours
4.3	Outside Normal Working Hours

4.1 Definition of Emergency Placement

An Emergency Placement is a Looked After placement made without the usual planning and/or thorough assessment process having taken place because of the need to ensure the safety and the welfare of the child immediately.

In regard to secure accommodation, an emergency placement is a placement made without a Court Order but granted by a Designated Manager (Secure Accommodation) for a period of 72 hours.

Where it is considered that a secure placement is likely to be required for longer than 72 hours, the social worker must contact Legal Services immediately for an application to be made for a Secure Accommodation Order.

4.2 During Normal Working Hours

Where an Emergency Placement is required, the social worker must still obtain the approval of the Designated Manager (Secure Accommodation), and send a Placement Request to the Brokerage Unit.

The Brokerage Unit will then attempt to find the most suitable placement for the child by contacting the Secure Bed Bank.

In all cases, even where a child is placed in an emergency, a Placement Plan / Placement Information Record must be completed, providing as much information as possible given the circumstances.

Where it is considered that a secure placement is likely to be required for longer than 72 hours, the social worker must contact Legal Services immediately for an application to be made for a Secure Accommodation Order.

An Emergency Review must also be conducted within 72 hours of the placement, when the suitability of it can be explored and the outstanding Procedures can be undertaken, including where the placement continues, the completion of the Placement Plan / Placement Information Record. See Emergency Review Procedure.

4.3 Outside Normal Working Hours

See Out of Hours Protocol for Responding to Children and Adolescents who might present Outside Office Hours Procedure for details.

This summarises the procedures for Out of Hours Placements:

1. The Emergency Duty Team will contact the secure bed bank for available placements;
2. When a secure placement appears appropriate, the Emergency Duty Officer must obtain the approval of the Designated Manager (Secure Accommodation) before identifying a suitable placement;
3. The Emergency Duty Officer should liaise as necessary with the secure unit, seeking their view on the suitability of the proposed placement;
4. Before placing the child, the Emergency Duty Officer should take all reasonable steps to ensure that appropriate consultation with the child, parents and previous carers takes place;
5. When a decision is reached the Emergency Duty Officer should liaise with the placement staff to agree the time and other suitable arrangements for the child's placement;
   
   Before a child is placed, the Emergency Duty Officer must ensure that all the information available about the child is provided to the staff at the placement;
6. Having placed the child, the Emergency Duty Officer must notify the relevant District Team without delay;
7. Where it is considered that a secure placement is likely to be required for longer than 72 hours, the social worker must contact Legal Services immediately for an application to be made for a Secure Accommodation Order.

An Emergency Review must also be conducted within 72 hours of the placement, when the suitability of it can be explored and the outstanding Procedures, outlined above, can be undertaken, including where the placement continues, the completion of the Placement Plan / Placement Information Record.

See Emergency Review Procedure.

5. Support and Ending of Placements

5.1	Support and Monitoring of Placements
5.2	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 procedures in Social Worker Visits Procedure.

Also see Placement Plan Review Procedure.

5.2 Ending of Placements

All those notified of the placement should be notified when a placement ends.

End