What is a Secure Accommodation Order?

A Secure Accommodation Order can be made under Section 25 Children Act 1989. This Order allows children’s services to place a Looked After Child under the age of 16 in secure accommodation, on welfare grounds, if one of two conditions apply:

• The child has a history of running away or the child is likely to run away from any other type of placement and they would be likely to suffer significant harm if they did run away.
• The child is likely to injure themselves or someone else if they were kept in any other form of placement.

If a child is a “Looked After Child” this means that they are already in the care of the Local Authority.

Further information regarding Looked After Children can be found in the below Johnson Astills article: Looked After Children Article

A child may be at risk of suffering significant harm if they are beyond parental control. Children can become involved in situations that put themselves or others at risk and cannot be protected by their parents. Children may put themselves at risk of harm by spending time with risky adults, running away from home, becoming involved in criminal behaviour or hurting themselves or others.

Further information regarding significant harm can be found in the below Johnson Astills article: Risk of Significant Harm Article

If the Local Authority think it is necessary for the child to remain in secure accommodation for longer than three days, they must apply to the court for a Secure Accommodation Order. The Local Authority can place children in secure accommodation for up to 72 hours in emergency situations. Placing a child in Secure Accommodation is an extreme measure and restricts the child’s liberty. Prior to admission, a written agreement should be made between the Local Authority and the parents. If the child is under further approval is required by the Secretary of State under Section 6 of the Children Act 1989.

The Order should only be made if the Court is satisfied  that at least one of the two conditions above are met and that no other placement will suffice. The Order should not continue once the reasons for the secure placement no longer apply, even if the Order is still in place. If there is any concern that the placement of the child is thought to constitute a deprivation of the child’s liberty, an application must be made to the High Court to exercise its inherent jurisdiction.

The Local Authority can apply for a Secure Accommodation Order for a maximum period of three months on the first application. If it is necessary for the child to remain in secure accommodation for longer than this, subsequent applications can be made for a maximum period of six months at a time.

If the Local Authority are involved with your family and intend to apply for a Secure Accommodation Order, we may be able to assist. Please get in touch with Johnson Astills today and we would be more than happy to discuss your requirements further.

Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team.

Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.