3.2.5 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. Please see YJB Court Ordered Secure Remands Protocol.
AMENDMENTS
Sections 3.2, 3.3 and 4.1 of this chapter were amended in July 2011 to reflect the Care Planning, Placement and Case Review (England) Regulations 2010 and Associated Guidance, and should be read in their entirety.
Contents
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 Looked After child may be placed in secure accommodation.
The 'welfare' criteria are that:
- the child has a history of absconding 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
- 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 Secure Accommodation Order still 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 who meets the above criteria may be placed in secure accommodation for a maximum period of 72 hours in any 28 days period without a Secure Accommodation Order (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 on welfare grounds where:
- he or she is under the age of 13, unless the Secretary of State gives prior specific approval (see 2.4)
- he or she is over 16 and has asked to be Accommodated
- he or she is Accommodated and a parent objects to a secure placement.
1.2 Placements in Criminal Proceedings
NB: This chapter does not include the procedure in relation to placements in secure accommodation on criminal grounds (the responsibility for arranging such placements rests with the Youth Offending Team please see YJB Court Ordered Secure Remands Protocol), but the following sets out the criteria upon which such placements can be made.
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/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 or have a history of absconding while remanded to local authority accommodation and are charged with/have been convicted of an imprisonable offence alleged or found to have been committed while he or she was so remanded.
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/herself 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, which will initially be up to a maximum of 8 days. If convicted and awaiting sentence, the Court can authorise the child to be kept in secure accommodation for a period of three weeks.
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 28 days, an application to renew the Order can be made.
2. Decision to Place in Secure Accommodation on Welfare Grounds
2.1 Consultation
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 and those with Parental Responsibility
- Anyone who is not a parent but has been caring for the child
- Other members of the child's family who are significant to the child
- The child's school and/or the Education Service
- The Youth Offending Team, if the child is known to them
- The child's Independent Visitor if appointed
- The local authority managing the secure accommodation in which the child is placed if this is not the local authority with responsibility for looking after the child.
2.2 Approvals
Any decision to place a child in a secure placement on welfare grounds can only be made with the specific approval of the Designated Manager (Secure Accommodation) and, if made, must be notified to those consulted and the child's Independent Visitor. Where the child does not have an Independent Visitor, arrangements must be made for such an appointment as soon as practicable.
To seek the approval of the Designated Manager (Secure Accommodation), the child's social worker must prepare a written report with the following information:
- The child's name, address, date of birth, ethnicity, school and names of those with Parental Responsibility
- The grounds/concerns/criteria/aims of the proposed secure placement
- The evidence that the criteria are met
- What alternatives have been tried/considered and the outcomes
- The view of the child and the parents
- The comments of the Team Manager
The Designated Manager (Secure Accommodation) will only approve a request to place a child in secure accommodation where:
- The Criteria for Secure Placements as set out in Section 1.1 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 to Court for a Secure Accommodation Order.
In relation to a child under 13, the approval of the Secretary of State will also be required and, after the approval of the Designated Manager (Secure Accommodation) has been obtained, a written request should immediately be sent to the Secretary of State - see Section 2.4.
2.3 Court Application
The child's 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, and by advising him or her of the right to be legally represented at the hearing.
The social worker should also book a secure escort for the hearing.
Where the placement is required before there is time to obtain a Secure Accommodation Order, the Designated Manager (Secure Accommodation) can authorise the placement for up to a maximum of 72 hours.
2.4 Where the Secretary of State's Approval is Required
The case should first be discussed with the Children in Care Division, 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 e-mail or by fax.
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 Accommodation Order
- An explanation of why secure accommodation is the only appropriate method of dealing with the child and whether a bed in secure accommodation has been arranged
- An indication of the alternatives to secure accommodation 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 accommodation; and
- A written agreement - signed by the Designated Manager (Secure Accommodation) - to seek the Secretary of State's approval
The Department for Education will discuss this information with appropriate inspectors at the Regulatory Authority, who will make a recommendation as to whether the Secretary of State's approval should be given. The Department for Education will then consider and advise the local authority of the Secretary of State's decision.
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 Out of Hours Duty Officer at the Department for Education.
3. Planned Placements
3.1 Placement Request, Identification and Approval
Where the child's social worker considers that a child requires a secure placement, the procedure for requesting and identifying a suitable placement is as follows.
The social worker should submit the placement request on the Gatekeeping memo and send it to the Access to Resources Team who will contact the Secure Accommodation Network in order to identify a suitable placement.
Each secure unit contacted will require basic information, including legal status, reasons why a secure placement is needed and details of any specific behavioural problems or offences e.g. arson, sexually abusive or violent behaviour.
As any secure placement will cost over £1,000 per week, the authority of the High Cost Placement Panel is required for the placement. In the event of an unplanned placement, the Designated Manager (Secure Accommodation) can agree such costs but the child’s case must then be submitted to the first available meeting of the High Cost Placement Panel. For additional information in relation to this process – see High Cost Placement Panel Terms of Reference and Procedure.
The terms and conditions of the placement must be included in the contract with the provider in relation to the placement, which the Access to Resources Team will draw up and monitor.
If a placement is offered, the home is likely to need written confirmation of an undertaking to pay the stated fee and, where relevant, written confirmation of authorisation for a 72 hours placement.
3.2 Placement Planning
Each secure unit will have its own placement planning procedure and therefore, once a placement has been identified and approved, the social worker should liaise directly with the provider to establish this.
Before the child is placed, the child's social worker will liaise with the manager of the home to arrange a Placement Planning Meeting. If this is not possible prior to the placement, it must take place within 72 hours of the placement.
The child, parents and any other significant family members and relevant professionals should be invited to attend.
The purpose of the meeting is to share information about the child and the Care Plan, complete/update the necessary documentation about the child,, plan the timing of the placement and ensure that a Placement Plan/Placement Information Record is drawn up.
The Placement Plan should cover the same issues as those listed in Placement in residential Care Procedure.
Following the meeting, the child's social worker will complete and arrange for the circulation of the Care Plan to the child, parents and home manager. The child's social worker and manager of the home will arrange for the Placement Plan/ Placement Information Record to be drawn up and circulated to the child and parents.
The child's social worker must provide the child and parents with written information about the Looked After Service. The social worker must also ensure that the child is provided with information on using the authority's Complaints Procedure.
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.
In all cases, the child should be accompanied to the placement by the social worker and helped to settle in.
3.3 Notification of Placement
The child's social worker must ensure that the relevant finance officer of the placement is notified of the placement within one working day (so that the appropriate arrangements to pay the provider are in place) and update the child's electronic records.
The social worker must also ensure that notification of the placement is sent to the Independent Reviewing Officer, the appropriate health and education services, the child's GP and Children's Services for the area where the child is placed.
The notifications must advise of the placement decision, the name and address of the new carers, details relating to the child's contact with parents and the arrangements related to the care and welfare of the child.
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.
The notification should be before the start of the placement or within 5 working days.
The social worker must also ensure that the child is registered with a GP, Dentist and Optician; and that a Health Assessment takes place as necessary.
The social worker must also confirm the placement within 24 hours by e-mail to the Designated Manager (Secure Accommodation).
The social worker must also notify the child's Independent Reviewing Officer, and liaise with the Children's Quality Assurance and Safeguarding Service to make arrangements for a review meeting within 28 days - see Secure Accommodation (Criteria) Reviews Procedure.
4. Support, Monitoring and Ending of Placements
4.1 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 every six weeks; see Social Worker Visits Procedure.
4.2 Ending of Placements
The child's social worker should notify the Access to Resources Team who will notify the relevant finance officer within one working day of the placement ending (so that the arrangements to pay the provider will be terminated) and update the child's electronic record.
The social worker should also inform all those notified of the placement that the placement has ended.
End