Legal Information

1. Section 25 of the Children Act 1989 can be utilised to restrict the liberty of a child where that child:

1. Has a history of absconding, and
2. Is likely to abscond from anywhere else, and
3. Is likely, when absconding, to suffer significant harm,

OR

Kept elsewhere, is likely to injure self for others.

(Section 25 Children Act 1989:  Smith and Lyon 2004)

2. A child under 13 cannot be placed in secure accommodation without the prior approval of the secretary of state.

3. A child aged 16 – 17 cannot be made the subject of Section 25 unless they are also subject to an interim or full care order (sec 38 or 31 of CA 1989).

4. Regulation 10 of the CA 1989 states that the maximum period a child can be kept in secure accommodation without a court order is 72 hours in a period of 28 days.  This can be extended slightly if the 72 hours expires on a Sunday or Bank Holiday (see Regulation 10 (3) Volume 4 of the Children Act 1989).

5. The criteria for a Secure Order must be reviewed within 28 days of placement as set out in Regulation 15; and the need for a panel of three to consider if the criteria still apply (one of whom must be independent of placing authority and the authority managing the secure unit) is set out in Regulation 16.