Children (Secure Accommodation) Regulations 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1505 |
| Year | 1991 |
1991 No. 1505
CHILDREN AND YOUNG PERSONS
The Children (Secure Accommodation) Regulations 1991
Made 30th June 1991
Laid before Parliament 8th July 1991
Coming into force 14th October 1991
The Secretary of State for Health, in exercise of the powers conferred by sections 25(2) and (7) and 104(4) of and paragraphs 4(1) and (2)(d) and (i) of Schedule 4, 7(1) and (2)(f)and (3) of Schedule 5 and 10(1) and (2)(j) and (3) of Schedule 6 to the Children Act 19891and of all other powers enabling him in that behalf hereby makes the following regulations:
Citation and commencement
1. These Regulations may be cited as the Children (Secure Accommodation) Regulations 1991 and shall come into force on 14th October 1991.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“the Act” means the Children Act 1989;
“independent visitor” means a person appointed under paragraph 17 of Schedule 2 to the Act;
“secure accommodation” means accommodation which is provided for the purpose of restricting the liberty of children to whom section 25 of the Act (use of accommodation for restricting liberty) applies.
(2) Any reference in these regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Approval by Secretary of State of secure accommodation in a community home
3. Accommodation in a community home shall not be used as secure accommodation unless it has been approved by the Secretary of State for such use and approval shall be subject to such terms and conditions as he sees fit.
Placement of a child aged under 13 in secure accommodation in a community home
4. A child under the age of 13 years shall not be placed in secure accommodation in a community home without the prior approval of the Secretary of State to the placement of that child.
Children to whom section 25 of the Act shall not apply
5.—(1) Section 25 of the Act shall not apply to a child who is detained under any provision of the Mental Health Act 19832or in respect of whom an order has been made under section 53 of the Children and Young Persons Act 19333(punishment of certain grave crimes).
(2) Section 25 of the Act shall not apply to a child–
(a)
(a) to whom section 20(5) of the Act (accommodation of persons over 16 but under 21) applies and who is being accommodated under that section,
(b)
(b) in respect of whom an order has been made under section 43 of the Act (child assessment order) and who is kept away from home pursuant to that order.
Detained and remanded children to whom section 25 of the Act shall have effect subject to modifications
6.—(1) Subject to regulation 5, section 25 of the Act shall have effect subject to the modification specified in paragraph (2) in relation to children who are being looked after by a local authority4and are of the following descriptions–
(a)
(a) children detained under section 38(6) of the Police and Criminal Evidence Act 19845(detained children), and
(b)
(b) children remanded to local authority accommodation under section 23 of the Children and Young Persons Act 19696(remand to local authority accommodation) but only–
(i) where the child is charged with or convicted of an offence imprisonable in the case of a person aged 21 or over for 14 years or more, or
(ii) where the child is charged with or convicted of an offence of violence, or has been previously convicted of an offence of violence.
(2) The modification referred to in paragraph (1) is that, for the words “unless it appears”to the end of subsection (1), there shall be substituted the following words–
“unless it appears that any accommodation other than that provided for the purpose of restricting liberty is inappropriate because–
(a) the child is likely to abscond from such other accommodation, or
(b) the child is likely to injure himself or other people if he is kept in any such other accommodation”.
Children to whom section 25 of the Act shall apply and have effect subject to modifications
7.—(1) Subject to regulation 5 and paragraphs (2) and (3) of this regulation section 25 of the Act shall apply (in addition to children looked after by a local authority)–
(a)
(a) to children, other than those looked after by a local authority, who are accommodated by health authorities, National Health Service trusts established under section 5 of the National Health Service and Community Care Act 19907or local education authorities, and
(b)
(b) to children, other than those looked after by a local authority, who are accommodated in residential care homes, nursing homes or mental nursing homes.
(2) In relation to the children of a description specified in paragraph (1)(a) section 25 of the Act shall have effect subject to the following modifications–
(a)
(a) for the words “who is being looked after by a local authority” in subsection (1) there shall be substituted the words “who is being provided with accommodation by a health authority, a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 or a local education authority”.
(b)
(b) for the words “local authorities” in subsection (2)(c) there shall be substituted the words “health authorities, National Health Service trusts or local education authorities”.
(3) In relation to the children of a description specified in paragraph (1)(b), section 25 of the Act shall have effect subject to the following modifications–
(a)
(a) for the words “who is being looked after by a local authority” in subsection (1) there shall be substituted the words “who is being provided with accommodation in a residential care home, a nursing home or a mental nursing home”; and
(b)
(b) for the words “local authorities” in subsection (2)(c) there shall be substituted the words “persons carrying on residential care homes, nursing homes or mental nursing homes”.
Applications to court
8. Subject to section 101 of the Local Government Act 19728, applications to a court under section 25 of the Act in respect of a child shall be made only by the local authority which are looking after that child.
Duty to give information of placement in community homes
9. Where a child is placed in secure accommodation in a community home which is managed by an authority other than that which are looking after him the local authority which manage that accommodation shall inform the authority which are looking after him that he has been placed there, within 12 hours of his being placed there, with a view to obtaining their authority to continue to keep him there if necessary.
Maximum period in secure accommodation without court authority
10.—(1) Subject to paragraphs (2) and (3), the maximum period beyond which a child to whom section 25 of the Act applies may not be kept in secure accommodation without the authority of a court is an aggregate of 72 hours (whether or not consecutive) in any period of 28 consecutive days.
(2) Where authority of a court to keep a child in secure accommodation has been given, any period during which the child has been kept in such accommodation before the giving of that authority shall be disregarded for the purpose of calculating the maximum period in relation to any subsequent occasion on which the child is placed in such accommodation...
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