Placements in Secure Accommodation on Welfare Grounds

The Associate Director, Children & Family Community Services can approve such placements for up to 72 hours in an emergency. Only a Court can grant permission for placements beyond 72 hours.

A Child in Care who meets the above criteria may be placed in secure accommodation for a maximum period of 72 hours in any 28 days period without a Secure Accommodation Order.

Note: Where a young person is under 13 the prior approval of HM Procurer is required. (See Section 6, Placements of Children under the Age of 13 Years).  

Weekends/Bank Holidays

The provisions are relaxed to cover the situation where the 72 hour period expires late on Saturday, a Sunday or public holiday.

The Regulations provide that, where a child is placed in secure accommodation at any time between 12 midday on the day before and 12 midday on the day after a public holiday or a Sunday, and:

• During that period the maximum period of 72 hours expires; and
• In the 27 days before the day on which they were placed in secure accommodation, they have been placed and kept in secure accommodation for an aggregate of more than 48 hours,

then, the maximum period (of 72 hours) shall be treated as if it did not expire until 12 midday on the first working day after the public holiday or Sunday.

A Court may authorise a child to be kept in Secure Accommodation for a maximum period of:

• 28 days upon first application to the court;
• 3 months upon further application to the court
• 6 months if the placement is outside of the Bailiwick of Guernsey.

At the point that it is determined that a placement in Secure Accommodation may be required, and throughout the subsequent process of identification, planning and placement, the social worker must consult and take account of the views of the following people:

1. The child;
2. The child's parents and those with parental responsibility;
3. Anyone who is not a parent but has been caring for the child;
4. Other members of the child's family who are significant to the child;
5. The child's school and/or the Education Service;
6. The Youth Justice Service, if the child is known to them;
7. The child's independent visitor if appointed;
8. The local authority managing the secure accommodation in which the child is placed if this is not the local authority with responsibility for looking after the child.

Any decision to place a child in a secure placement on welfare grounds can only be made with the specific approval of the Associate Director, Children and Family Community Services and, if made, must be notified to those consulted and the child's Independent Visitor. Where the child does not have an Independent Visitor, arrangements must be made for such an appointment as soon as practicable.

To seek the approval of the Associate Director, the child's social worker must prepare a written report with the following information:

• The child's name, address, date of birth, ethnicity, school and names of those with Parental Responsibility;
• The grounds/concerns/criteria/aims of the proposed secure placement;
• The evidence that the criteria are met;
• What alternatives have been tried/considered and the outcomes;
• The view of the child and the parents/others who have Parental Responsibility;
• The comments of the Team Manager;
• Chronology.

The social worker must also complete a Request for Legal Advice form and send this to Legal Services as a matter of urgency.

The Associate Director, Children and Family Community Services, will chair a Secure Legal Planning Meeting where the following will be considered:

• The Criteria for Secure Placements as set out in Section 1, Secure Accommodation Criteria are met;
• Secure accommodation is the only appropriate method of dealing with the child;
• Alternatives have been comprehensively considered and rejected;
• There is a clear view of the aims and objectives of such a placement.

Where the Associate Director, Children and Family Community Services agrees that a secure placement on welfare grounds is appropriate,  Legal Services will be instructed regarding the application to Court for a Secure Accommodation Order.

In relation to a child under 13 years, the approval of HM Procurer will also be required and, after the approval of the Associate Director, Children and Family Community Services has been obtained, a written request should immediately be sent to HM Procurer - see Section 6, Placements of Children under the Age of 13 years.

The social worker should also  request police assistance for transportation to the hearing (preferably in an unmarked vehicle).

Where the placement is required before there is time to obtain a Secure Accommodation Order, the Associate Director , Children & Family Community Services can authorise the placement for up to a maximum of 72 hours.

The following information should be gathered and shared initially with legal services:

• The name and date of birth of the child concerned;
• The reasons why a secure placement is required;
• Confirmation of placement availability in secure accommodation at the Haven;
• Details of what alternatives to a secure placement have been considered and why it is thought a secure placement is necessary;
• Confirmation of whether the child is present or missing from care;
• Details of when you will go to court to seek a Secure Accommodation Order for the child.

During your initial phone call a contact e-mail address will be provided. After the call, the social worker must e-mail the following documents for the attention of HM Procurer:

• A letter signed at Associate Director level or above explaining why you are applying, which should include:
  • Confirmation that they have reviewed the application and in their view the section 69 criteria are met;
  • Confirmation that they have taken advice from their legal department.
• A full written history/chronology including interactions with Children's Social Care; this should include a record of recent incidents, covering at least the last 3 months, which gives evidence of how the section 69 criteria are met;
• A detailed Care Plan that covers the period the child will be in secure accommodation, which as a minimum should include:
  • Confirmation that the section 69 criteria are met;
  • The alternatives to a secure placement that have been tried or considered;
  • Explanation of why the Committee for Health and Social Care thinks a secure placement is the best option for the child;
  • What the aims of the secure placement are;
  • What the young person’s needs and challenges are and how these will be addressed during the secure placement, including expectations of the secure accommodation team;
  • What the exit strategy is for the young person’s return back into the community or another placement;
  • Confirmation of the intended initial length of the secure accommodation order or placement;
  • A list of assessments, for example psychiatric, psychological or health, that have been or will be carried out during the secure placement;
  • Identification of any therapeutic provision that will be required;
  • The intended outcomes from the secure placement or preparation for transition.

The documentation provided will be reviewed and assessed and a decision will be given as soon as possible. A Signed confirmation will be emailed to confirm HM Procurer approves the secure placement.

When an application is made outside office hours, the on call duty lawyer may be able to give verbal approval on behalf of the Procurer. They will only do this if the placement meets the criteria in section 69 of the Children Act 1989 and is deemed appropriate.

Approval from Associate Director level or above will have to be provided and supporting documents sent by e-mail the following working day. After having assessed the documents, confirmation of HM Procurer’s approval will be sent by email.

Where the child's social worker considers that a Child in Care requires a secure placement, and following agreement at a legal planning meeting, the social worker should contact the Service Manager, Care Services to request a placement at the Haven Secure Unit.

The Haven Secure Unit will require basic information, including legal status, reasons why a secure placement is needed and details of any arson/criminal damage, violence, harmful sexual behaviour and concerns around criminal exploitation or sexual exploitation.

If a placement is agreed the Haven will need, where relevant, written confirmation of authorisation for a 72 hours placement, together with copies of the Interim or full Community Parenting Order and the HM Procurer’s signed consent for Children under 13 years. A copy of the Secure Accommodation Order (when such an application has been made) will also be required in all cases.

The Haven has its own Placement Planning Procedure and therefore, once a placement has been identified, the social worker should liaise directly with the Haven Manager to establish this.

Before the child is placed, the child's social worker will liaise with the Haven Manager to arrange a Placement Planning Meeting. If this is not possible prior to the placement, it must be held in order that the Placement Plan is completed within 5 working days of the start of the placement.

The child, parents, and any other significant family members and relevant professionals should be invited to attend, including the Reparative Care Team.

The purpose of the meeting is to share information about the child and the LAC Plan for the period in secure accommodation, complete/update the necessary documentation about the child, plan the timing of the placement and ensure that a Placement Plan/Essential Information Record is drawn up.

The Placement Plan should cover the same issues as those listed in Placements in Residential Care Procedure.

Following the meeting, the child's social worker will complete and arrange for the circulation of the LAC Plan to the child, parents, IRO and manager of The Haven. The child's social worker and manager of The Haven will arrange for the Placement Plan/Essential Information Record to be drawn up and circulated to the child and parents.

The child's social worker must provide the child and parents with written information about the Haven Secure Unit. The social worker must also ensure that the child is provided with information on using the Committee for Health and Social Care’s Complaints Procedure (see Complaints and Representations Procedure).

The social worker should ensure that any Children's Guide or other information about the placement that is available for the child is obtained and given to him/her.  The Haven Statement of Purpose should be made available to the parents/carers.

In all cases, the child should be accompanied to the placement by the social worker and helped to settle in. 

The child's social worker must ensure that the LAC Episode on the child’s electronic record on Mosaic is updated.

The social worker must also ensure that notification of the placement is sent to the Independent Reviewing Officer, the Children in Care’s Nurse, education services and the child’s GP.  This notification is made using the Movement Form.

The notifications must advise of the placement decision, the name and address of the new carers, details relating to the child's contact with parents and the arrangements related to the care and welfare of the child.

Notification of the placement must also be sent by the child's social worker to all family members consulted and involved in the decision-making process.

The social worker must also ensure that the child is registered with a GP, Dentist and Optician. The social worker should also ensure, in liason with the Children in Care’s Nurse that a Comprehensive Health Assessment (CHAT) takes place within the relevant timescale (see Haven Secure Procedures). The notification should be before the start of the placement or within 5 working days.

The social worker must also notify the child's Independent Reviewing Officer and the Service Manager for Safeguarding and Quality Assurance, and make arrangements for a review meeting within 28 days - see Secure Accommodation Review Panel Procedure.

Note: The child’s Secure Accommodation (Criteria) Review is distinct and separate from the Looked After Review. 

• Must be made on Form C1;
• Served on the appropriate respondents;
• On notice to all respondents and relevant parties, (and their legal representatives if those are known at the time of the Secure Application). These are:
  • Every person who is believed to have Parental Responsibility for the child;
  • Where the child is subject to a Community Parenting Order, every person whom it is believed had Parental Responsibility immediately prior to the making of a Community Parenting Order;
  • Any person with whom the child is living at the time the proceedings commenced;
  • The child.

Once made, an application can only be withdrawn with the permission of the court.

7 days before the date of the hearing (unless the court has directed a shorter period), respondents should be served with:

• A copy of the application with the hearing date endorsed;
• A notice of the proceedings with the date and place of the hearing;
• The evidence which is relied upon in support of the application for a secure order; viz:
  • The written statement relied on in support of the application;
  • Other relevant reports from specialists or experts or other documents;
  • A detailed copy of the Therapeutic Care Plan.

The Therapeutic Care Plan should detail, as far as possible, the care arrangements for the child, education provision and any other professional support, both within the Secure Accommodation and after the placement ends.

An adjournment may be justified either for reasons of procedural fairness or in order to obtain further information. Otherwise, the court should proceed to consider the substantive application.

Where a court adjourns an application for a secure accommodation order, it may make an interim order permitting the child to be kept in secure accommodation during the period of adjournment.

The child/Committee for Health and Social Care may appeal to the Royal Court against the making, or refusal to make, an order.

The child's social worker must visit the child in the placement within one week of the placement and then every six weeks; see procedures in Social Worker Visits to Children in Care Procedure.

Once the Secure Accommodation Criteria Review establishes that the child no longer meets the criteria for Section 69 Secure Accommodation, the exit plan/Therapeutic Care Plan should be expedited, (see Section 3, Period of Secure Accommodation).

It is therefore important that the placement is carefully monitored with regard to the child's progress, both in terms of any additional specialist assessments that may be required and commissioned, and also in respect of the 'exit plan' that will have been established at the point of admission and developed at subsequent Looked After Reviews.

Where children are voluntarily accommodated (ie. Not subject to an interim community parenting order, community parenting order or care requirement), then it will be particularly important to maintain visits and communication with the parents and others who have Parental Responsibility.

If the parent does not agree with the nature of the exit placement required which is being, or has been, assessed and considered as meeting the child's needs, then urgent consideration must be made as to whether Care Proceedings are required.

Many children’s placements in Secure Accommodation go well in the light of the clear structure and regime that such placements offer and feedback from staff / specialist reports should seek to focus on: the child’s insight into their behaviour; development of confidence and self esteem; relationships with other residents, staff and family; progress in areas such as education and health/emotional health, (which may well have been of concern previously), etc.

9.1.1 Mobility

A sign of progress will be when the child achieves ‘mobility’ and is allowed out of the secure placement albeit on an escorted basis and in a planned way.

The Haven Secure Unit will seek permission from the social worker for mobility and this should be responded to promptly. The Haven should provide details of the activity to be undertaken, together with the support and management of that to ensure the young person continues to be safeguarded and does not abscond.

Written agreement for mobility should be provided following a (secure) review legal planning meeting by the chair (usually the Associate Director, Children & Family Community Services). See Haven Secure Procedures for more detail.

'Timing' for the next, exit placement is often not easy but is clearly important. Planning for the exit placement should not be left until before the next Secure Accommodation Order Hearing, or when the Order lapses, given that the criteria for Secure Accommodation may no longer be met before either of these events. Progressing the exit placement should begin significantly before it is thought the child will be ready and will start by researching possible options and exchanging some information etc.

Identifying a specific placement should therefore be made in a timely way so as to ensure the proposed placement has all the relevant and most up to date information, as well as positively being able to reflect on the progress the child may have made.

Irrespective of the child's legal status, the parents/those with Parental Responsibility, should be involved and consulted about the exit placement.

Clearly, if the child is voluntarily accommodated, then agreement with the parent is required.

Transferring to the Exit placement should be undertaken as for any Child in Care. The Placement Plan and associated arrangements should cover the same issues as those identified in Placements in Residential Care Procedure or Placements in Foster Care Procedure.

When leaving the secure accommodation begins to emerge as a possibility, a discussion with the child about transition from the secure accommodation should be undertaken and the future carers or staff should visit the child in the secure accommodation placement to ensure a full exchange of information as well as an introduction.

A visit by the child to the next placement should be undertaken where possible.

See Haven Secure Procedures.  

See also: Secure Accommodation Review Panel Procedure.

When the child has transferred from the Haven Secure Unit, the child's social worker should update the child's electronic record.

The social worker should also inform all those notified of the placement (including the IRO) that the placement has ended.