Published: 30 September, 2013
Restricting a child's liberty is a serious step which is strictly regulated by the Children Act 1989, supplemented by the Children (Secure Accommodation) Regulations 1991. By their nature, applications to place a child into a secure unit arise either unexpectedly as a result of an emergency situation or as a result of the culmination of a number of incidents which place the child or those around the child at risk of injury or harm.
The nature of secure units is such that applications for placement within them are usually contested and often involve arguments regarding the right of the child to be present at the hearing, the role of the guardian and competing rights under ECHR legislation. In the event of an order being made, the secure placement is subject to its own review procedure and is open to challenge by appeal or judicial review.
This practitioner handbook provides a comprehensive analysis of the case-law and statutory provisions relating to the placement of a child in a secure unit. The analysis is supported by case summaries and an appendix of all relevant statutory material. In addition, the entire process of applying for an order is detailed, commencing with preapplication legal meetings and ending with an explanation of the appeal and judicial review procedure. The relevant court forms and a summary of the facilities and services at the 13 secure units currently available in England and Wales are set out in full for ease of reference.
The Secure Accommodation Handbook is a complete guide to the law, practice and procedure in relation to these applications which so fundamentally affect children, their freedom and the care planning for them.
The Law
- The History of Secure Accommodation
- General Principles
- The Grounds for Placing a Child into Secure Accommodation
- What is Secure Accommodation?
- Which Children can be Placed into Secure Accommodation?
- The Duration of Secure Accommodation Orders
Procedural Guide
- Before the Hearing
- The Hearing
- After the Hearing
Case Summaries
Appendix
- Statutory Materials
- Court Forms
- Secure Unit List
- In Relation to Accommodating a Child under the Age of 13
Index