The Local Authority Has Applied For A Secure Accommodation Order In Respect Of My Child – What Does This Mean?

Image of girl sat alone with head in hands for Timms Family Law blog post

In her first blog, Childcare Solicitor Melissa Knight, discusses ‘Secure Accommodation Orders’, what are they and when are these kind of applications made….

A Local Authority can apply to the Court for a secure accommodation order to place a looked after child in secure accommodation if:-

i) The child has a history of running away and is likely to run away from any other type of accommodation

and

ii) If the child runs away they are likely to suffer significant harm or
iii) That if the child is kept in any other form of accommodation they are likely to injure themselves or others

In most cases, the child must be looked after by the Local Authority and be subject to an interim or final care order or alternatively be accommodated by the Local Authority.

The usual scenarios which lead to these sort of orders being granted by the Court are when a child or teenager:-

has harmed themselves or is at risk of harming themselves
has harmed another person or is at risk of harming others including people they know or people in the community
engages in gang activity
engages in criminal activity
is at risk of being groomed or child sexual exploitation
often goes missing from their home or placement with family/carers and is likely to carry on going missing if not placed in secure accommodation

It could be a number of factors which combined together are very worrying. Quite often, the children can be beyond parental control and put themselves and others in situations which lead to their safety being impaired.

If a secure order is granted, then a child will be placed in a secure accommodation unit which is a placement that a child cannot leave without supervision. Doors and windows are locked to ensure a child/young person cannot leave without staff supervision whilst the order is in place and access to mobile phones and the internet may be prevented. As the nature of the orders are very restrictive towards the child or young person, then the Court is only likely to make the order if it is absolutely necessary to do so and the risks cannot be mitigated by any other actions in order to keep the child/ young person safe. A senior manager or panel at the Local Authority will usually make the decision about whether they think an order is necessary before making the application to Court. If your child is under 13 then the Local Authority has to apply to the Secretary of State for additional permission before making any application to the Court.

As A Parent Or A Subject Child, Can I Challenge This Order Being Made?

Yes, parents are usually entitled to attend the Court hearing to put their views forward and the Local Authority should ensure that any parent or person with parental responsibility for the child is served with the application and has notice of any court hearing unless there is an exceptional reason. A parent may be entitled to legal aid therefore it is best to speak to a solicitor to see if this applies. If you are the child that the application relates to then you will automatically get legal aid and are entitled to a solicitor to put your views forward.

However…… Important 72 Hour Rule

There is however a rule that if your child/teenager is a looked after child and is in the care of the Local Authority then they are able to place your child in secure accommodation without a court order for a 72 hour period.

If this happens, then it is usual to have a court hearing before the 72 hour time limit expires to decide whether the child/young person should remain in the secure accommodation or not. The parents, child and any other relevant persons should be consulted before this happens.

How Long Can A Secure Accommodation Order Last?

The order originally lasts for three months but if the social worker feels that it should be for any longer then they may return to Court to ask for an extension of time for periods of up to six months.
If at any point the criteria no longer applies to the child/ young person then the Local Authority must remove them from the secure accommodation or this could have human rights implications for the child and their parents. The criteria must be kept under regular review by the child/young person’s social worker, guardian and independent reviewing officer.

Can I Still See My Child When They Are In Secure Accommodation?

Yes, the Local Authority has a duty to promote contact between a child and parents and should facilitate contact

Can My Child Be Placed Far Away In A Secure Accommodation Unit?

As there is a shortage of secure accommodation placements in England, there is a chance that your child could be placed anywhere in the UK including Scotland.

Further Information…

The law relating to secure accommodation orders is set out in section 25 Children Act 1989 and section 119 of the Social Services and Wellbeing (Wales) Act 2014. If you would like any further information then please do not hesitate to contact me on 753293 or via email at m.knight@timms-law.com.

Melissa Knight
May 2021