25 Use of accommodation for restricting liberty
Children Act 1989 (1989 c 41) | Legislation

Secure accommodation

25  Use of accommodation for restricting liberty

(1)     Subject to the following provisions of this section, a child who is being looked after by a local authority [in England or Wales] may not be placed, and, if placed, may not be kept, in accommodation [in England] [or Scotland] provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a)     that—

(i)     he has a history of absconding and is likely to abscond from any other description of accommodation; and

(ii)     if he absconds, he is likely to suffer significant harm; or

(b)     that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2)     The [Secretary of State] may by regulations—

(a)     specify a maximum period—

(i)     beyond which a child may not be kept in secure accommodation [in England] [or Scotland] without the authority of the court; and

(ii)     for which the court may

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