TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 33

Secure accommodation for children - England and Wales

143. The legislation governing the provision and use of secure accommodation for children is contained in:

(a) Section 20A of the Child Care Act 1980 (as amended by para. 50 of schedule 2 of the Health and Social Services and Social Security Adjudications Act 1983);

(b) The Secure Accommodation (No. 2) Regulations 1983;

(c) The Secure Accommodation (No. 2) (Amendment) Regulations 1986.

The two sets of regulations referred to above were made by the Secretary of State under powers conferred on him by section 20A of the Child Care Act 1980.

144. Secure accommodation is provided in local authority community homes for children to accommodate those children who cannot be cared for properly in non-secure conditions. It therefore follows that the use of such accommodation should be a last resort. Secure accommodation may be used for any children who are in the care of a local authority or who have been remanded to the care of a local authority while awaiting trial, provided they meet the necessary criteria (see below). Its use is not restricted to those accused or convicted of a crime and it is not designed as a punishment. Secure accommodation forms part of the child care system, not part of the penal system.

145. A child may not be placed in secure accommodation unless he/she meets very strict criteria. These are set out in the Secure Accommodation (No. 2) Regulations 1983. A local authority may, if these criteria are met, hold a child in secure accommodation for up to 72 hours at a time or for 72 hours in any 28-day period. It may not hold the child for longer without obtaining authorization (a "secure order") from a juvenile court. The court may make a secure order for up to three months in the first place. If the use of secure accommodation beyond that period is still considered necessary by the local authority, it must ask the juvenile court to renew the order for periods of up to six months at a time. If a juvenile court is considering whether to make or renew a secure order, the child must be advised of his right to legal representation and must be represented in court unless: (a) he applied for legal aid and was refused it on the grounds that his means were such that he did not appear to require legal aid, or (b) he was told about his right to apply for legal aid and had the opportunity of applying but failed or refused to do so. If a secure order is made by a juvenile court, the child has the right to appeal to a higher court against this decision.

146. The use of a secure order by the local authority is discretionary, and no local authority should keep a child in secure accommodation, even if a secure order exists, once that child has ceased to meet the "secure accommodation" criteria. For this reason, the circumstances of any child held in secure accommodation must be reviewed by the appropriate local authority at least once every three months to decide whether it is still necessary to hold that child in secure accommodation. In doing so, the local authority must consider the views of the child and his parent or guardian.