Secure accommodation order

What is a secure accommodation order?

A secure accommodation order is a type of court order. It can be made in the Family Court.

A secure accommodation order allows children’s services to deprive a child of their liberty in a secure children’s home. This means a child cared for in a secure children’s home is not free to leave. Staff at a secure children’s home may restrain the child to:

• Stop them leaving
• Prevent them injuring themselves or other people
• Prevent them from causing serious damage to property. Or to other people or themselves.

Any restraint used by staff at a secure children’s home must be necessary and proportionate. This means the child must only be restrained as much as is needed to keep them and others safe.

What steps a children’s services department will need to take before depriving a child of their liberty in a secure children’s home will depend on the age of the child, and how long they want the child to be cared for in the secure children’s home. This is explained in this table:

When can the Family Court make a secure accommodation order?

A secure accommodation order cannot be made unless the Family Court is satisfied that:

• The child has a history of running away and
• The child is likely to run away from any other type of setting and
• One of the following apply:

1. The child would be likely to suffer significant harm if they did run away or
2. The child is likely to injure himself or someone else if they were not living in a secure children’s home.

The Family Court’s power to make the order comes from section 25 of the Children Act 1989.

How long does a secure accommodation order last for?

Children’s Services can apply for a secure accommodation order for a maximum period of:

• 3 months (for the first application children’s services make)
• 6 months (all further applications.)

A secure accommodation order should only ever be used for the minimum period needed. This means that if the risks that led to the secure accommodation order being made no longer exist, the child should not continue to live at a secure children’s home.