Ameeta Bhuhi
Solicitor, Care Proceedings
English
When social workers are concerned that a young person poses a risk of serious harm to themselves or others, or is at risk of running away, they may apply to the Court for a Secure Accommodation Order. This is a Court Order that allows the Local Authority to keep a young person in secure accommodation, in effect depriving them of their liberty, for a defined period.
A Secure Accommodation Order is one of the most extreme orders the Court can make; restricting the liberty of a young person in this way should always be a last resort and only used where there is genuinely no safe alternative.
Our Child Care Proceedings Solicitors are committed to supporting children and their families through these difficult situations. You can put your trust in our team and rely on our knowledge and support.
For help and expert legal advice, please get in touch with our Child Care Proceedings Solicitors.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
We're rated‘Excellent’Secure accommodation refers to accommodation specifically designed to “deprive a young person of their liberty,” meaning the young person is unable to leave if they choose.
A Secure Accommodation Order allows a Local Authority to place a young person in secure accommodation. These orders are only granted in specific cases, typically when the young person is at serious risk of harming themselves, has committed a criminal offence, or is considered a danger to the public.
Secure units offer a range of services, including education, psychological support, and targeted interventions to address the issues that led to the young person’s placement in secure accommodation.
Typically, secure accommodation units are located in:
Children’s homes – staffed by trained professionals, these offer accommodation, care, and support for children who have been assessed as being at risk of harm.
Training centres – provide accommodation, education, and rehabilitation for young people aged 12 to 17 who have committed serious criminal offences.
There are around 60 secure units in the UK, spread across various regions. Each young person typically has their own room, with other facilities shared among residents. There is a high staff-to-resident ratio, and high levels of supervision and control.
A Local Authority may apply to the Court for a Secure Accommodation Order if a young person:
“Running away” alone is not enough to justify an Order. The Court must be satisfied that the young person is at risk of significant harm.
You may have already been dealing with Children’s Services regarding your child. This may include attending a Pre-proceedings or PLO meeting. However, secure accommodation is not a punishment for the young person; these placements are designed to protect them or others.
To ensure fairness, the Court must appoint a Children’s Guardian to assess the application and recommend whether a Secure Accommodation Order is in the child’s best interests and if no other viable options exist.
A Secure Accommodation Order limits rights under Article 5 of the European Convention of Human Rights (the right to liberty and security, so only a Court can make a Secure Accommodation Order. Before granting the order, the Judge must consider the strict criteria set out in Section 25 of the Children Act 1989.
The only exception is that, in urgent cases, Local Authorities can place a young person in secure accommodation for up to 72 hours without a Court Order. After this time, they must either obtain a Court Order or allow the young person to leave.
Although each situation is different, the typical process is as follows:
At this stage, social workers gather evidence to show the Court that your child needs to be placed in secure accommodation. Evidence may include:
The Local Authority must then decide whether to apply for a Secure Accommodation Order. They must consider any alternatives, for example, placing your child in foster care. Ultimately, the decision is based on an assessment of the evidence to determine if a secure accommodation placement is necessary to protect your child’s welfare.
The next step is for the Local Authority to submit an application, including the evidence they have collected, to the Family Court. The Court will then schedule a hearing.
You, your child, and any other parent or guardian can attend the Court hearing, and you are entitled to legal representation. The Judge will consider your views and the Local Authority’s evidence against the criteria under Section 25 of the Children Act 1989. They will then decide whether the Secure Accommodation Order is in the best interests of your child.
The first thing you should do is contact our Child Care Proceedings Solicitors. We know you’ll be worried and possibly feeling overwhelmed.
You can trust us to listen to you and support you fully, without judgement. We’ll explain how Secure Accommodation Order applications work and ensure you have an opportunity to express your views during the hearing.
When a Court is first asked to make a Secure Accommodation Order the Order can last for a maximum of three months, although it could be for less time.
The Local Authority can go back to Court, if necessary, and ask for permission to extend the Secure Accommodation Order for a further period, up to six months in total.
It is important to note that a Secure Accommodation Order allows the Local Authority to keep your child in secure accommodation, but it does not require them to do so. Your child’s situation will be kept under regular review, and they should not stay in secure accommodation any longer than is strictly necessary.
Within a month of your child being placed in secure accommodation, an independent review panel must assess your child’s circumstances and determine whether they still need to be kept there.
Subsequent reviews must take place at least once every three months.
Unfortunately, there is a significant shortage of secure accommodation. As a result, they could be placed far away from your home. Part of our role in representing you is to consider the available options and help you advocate for the right placement, as close to home as possible.
In theory, a Secure Accommodation Order can be made for anyone under the age of 18. However, specific restrictions apply:
The Local Authority has a duty to allow “reasonable contact” between a parent and a young person in their care. The Local Authority should consult with parents to help them decide how often contact should take place. It’s recognised that contact with parents, other family members, and friends can be an important source of support for the young person, and there must be very good reasons for refusing such contact.
As secure accommodation units are not evenly distributed across the country, young people are often placed at a significant distance from their home. In these cases, the Local Authority should provide support, including financial assistance, to help parents continue to have regular contact visits.
If you are concerned about the level of contact between a young person and their family members, or about practical support for visiting, our Child Care Proceedings Solicitors can advise you and take any necessary action, including, where appropriate, applying to Court for a Contact Order.
Yes, Legal Aid is available for care proceedings matters, including responding to a Secure Accommodation Order application.
Our Child Care Proceedings Solicitors will assess your eligibility for Legal Aid and provide guidance throughout the entire process.
The staff at the secure accommodation unit where your child is being held will be regularly assess their progress. Remember, your child cannot be held in secure accommodation any longer than necessary. At the regular reviews, you will have the opportunity to share your views about how your child has changed and the support you can provide at home.
Because a Secure Accommodation Order deprives your child of their liberty, they are normally a ‘last resort’ solution. Alternatives include making a Care Order, Supervision Order, or appointing a Special Guardian.
One of the most challenging situations for the Court is where there is no secure accommodation available. In such cases, the Court can, if absolutely necessary, sanction the placement of a young person in either a regulated or an unregulated placement, authorising their deprivation of liberty under its own powers as an alternative to secure accommodation authorised under Section 25 of the Children Act 1989.
The Supreme Court has stated that ‘deprivation of liberty’ happens when a person’s ability to make choices about their safety, treatment, and care is removed. It also involves an order being made to keep the person under continuous supervision and control, preventing them from leaving a specified place until the order is removed.
If secure accommodation cannot be found, the Court can place a young person in alternative accommodation under a Deprivation of Liberty Order. This Order can include one or more of the below as well as other restrictions or powers depending on the child in question:
To ensure care staff act within the law, the Deprivation of Liberty Order must be specific in the powers given to employees of the accommodation and the restrictions that apply to the young person whilst the order is in force.
In secure accommodation, your child will be safe and cared for. They will also have access to specialist support, such as counselling and rehabilitation. If they have been placed in secure accommodation for substance abuse, they’ll also be given the medical care they need during detoxification.
A Secure Accommodation Order is not meant to punish your child. It is designed to protect them and ensure public safety. Being placed in secure accommodation will not affect your child’s future employment prospects. Rather, they will receive the support and intervention they need to move towards a positive future.
One of the most upsetting aspects of a Secure Accommodation Order is that your child will be removed from your care. We understand that you may be feeling frightened and upset; therefore, you can be confident that we'll do everything we can to ensure the Family Court hears your views. We can also make sure that the secure facility where your child is placed holds regular reviews, so your child is released as soon as possible.
The Local Authority will pay for your child’s accommodation and care. Each secure unit will have its own Placement Planning Procedure. Once a place in a secure unit has been found, your child's social worker will set up a Placement Planning Meeting. You and your child will be invited to attend, and you have the right to have a Solicitor with you.
The purpose of this meeting is to:
If social workers tell you they will be applying for a Secure Accommodation Order, we know you may be feeling shocked and frightened for your child’s future. You may also believe that your child does not need to be placed in secure accommodation. Our Child Care Proceeding Solicitors understand the Secure Accommodation Order process and will not only advise you on what to do before, during, and after the Court proceedings, but also represent you in Court and make sure your views are heard.
If a Local Authority has recommended that your child be placed in secure accommodation, you may be feeling overwhelmed and distressed. This is on top of being concerned about your child’s welfare and safety.
If you have never had dealings with Children’s Services and the Family Court before, the Secure Accommodation Order process can be extremely intimidating. Our Child Care Proceedings Solicitors understand this and will do everything possible to make you feel listened to and relaxed. We're approachable, friendly, and compassionate; our priority is your child's welfare and ensuring the Judge considers your perspective at the hearing.
We will:
A young person has the right to be fully involved in decisions related to their placement in secure accommodation. They also have the right to receive the care and support they need and to be kept in the secure facility for the shortest amount of time possible.
Yes, parents have the right to attend the Court hearing to put their views forward. Social workers must ensure that the child’s parents or anyone with parental responsibility, are served with the Secure Accommodation Order application and informed of the Court hearing date.
Yes, but you must submit an appeal application within three weeks of the Secure Accommodation Order being made.
If you wish to talk to someone and receive additional support, our Child Care Proceedings Solicitors can point you in
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
