Secure Accommodation Orders

Secure Accommodation Orders

What defines “Secure Accommodation Orders”?

Under Section 25 of the Children Act 1989, Secure Accommodation Orders enable the local authority  to place a child under the age of 16 into secure accommodation for a period longer than 72 hours, on the grounds of welfare. This is because it is otherwise against the law to restrict the freedom of a child. The local authority may apply for a secure accommodation order if it perceives that one of two things may be occurring:

1. There is a historical pattern of the child running away and is therefore at risk of doing so again and suffering significant harm as a result.
2. There is a likelihood that the child will injure either themselves or another person if they were to be kept in another form of placement.

The above can occur when the relevant child has engaged in criminal or gang activity, is at risk of sexual exploitation, or frequently goes missing from where they currently live.

Secure Accommodation Orders are crucial to ensure the protection of the young person.  To ensure these orders are only used where necessary; for children under the age of 13, the local authority must also gain the approval of the Secretary of State to exercise a Secure Placement Order. However, these orders used only as a last resort and where other options would prove ineffective.

The role of the court in relation to proceedings involving Secure Accommodation Orders

Initial applications made by the local authority can be for a maximum of three months. However, for applications made thereafter in respect of the same child, the time limit is extended to six months as Secure Accommodation Orders are designed for protection on a short-term basis only. Furthermore, only some areas of the country have secure children’s homes to accommodate children placed under this order. Unfortunately, some children then end up moved far away from their families to one of only 60 units. Since the enactment of the Children and Social Work Act 2017, local authorities can place children in Scotland.

Legislation and case law in relation to Secure Accommodation Orders

In 2019, the court of appeal gave a landmark judgement on Secure Accommodation Orders in the matter of B (Secure Accommodation Order) [2019] EWCA Civ 2025, which provided greater clarity on this developing area of the law. In this case ‘B’ (the relevant child) regularly absconded from her home. The judge, in the first instance, did not grant an order when the local authority applied for it, but later Lord Justice Baker stated that as ‘secure accommodation’ restricts the liberty of its residents by design, a test should be created to avoid persons under 16 years old being restricted unnecessarily, as per section 25(3) of the act:

1. The child must be ‘looked after’ by their relevant local authority
2. The accommodation proposed by the local authority is “secure accommodation”
3. The local authority must be proposing to put the relevant child into a secure home for children, and that location must be approved by the Secretary of State
4. If the child is under 13 years of age the placement must be approved by the Secretary of State

When children are placed into secure accommodation they cannot leave without supervision and measures are taken to stop them from doing so.

On most occasions, the local authority will issue care proceedings and make an application for care orders along their application for a secure accommodation order.

How can Duncan Lewis Solicitors assist?

Duncan Lewis Solicitors has specialist solicitors who represent parents, family members and children in applications made in this niche and specialist area of law.  Our solicitors, trainee and caseworkers speak around 60 languages between them, to assist clients where required.

How can the case be funded?

Duncan Lewis solicitors can provide legal aid depending on the type of application that has made. Our specialist solicitors are more than happy to assist making assessments for legal aid.