Secure Accommodation Orders – A guide for parents and carers
Unfortunately, when it comes to ensuring the safety and well-being of a child, sometimes drastic measures are necessary. Ramsdens experts can help clients better understand and navigate these complex and emotional issues.
One such measure is a Secure Accommodation Order, which is used to ensure that the child is placed in a safe environment. These orders are issued by the Family Court only if the child has a history of running away and is at risk of self-harm or harming others, and if the court believes that no other type of accommodation can ensure their safety. Fortunately, free advice and representation for these cases can often be accessed through Legal Aid.
Typically, local authorities (often known as children’s or social services) apply for Secure Accommodation Orders. They must provide clear evidence of the child’s behaviour, history, potential for harm, and whether that harm would be significant. Placing a child in secure accommodation for other reasons is generally seen as a deprivation of liberty and against their human rights, unless specifically permitted by a Senior Judge from the High Court.
What should I do if issued with a Secure Accommodation Order?
As a parent, it’s crucial to understand and engage with the court’s decision regarding a Secure Accommodation Order. You have the right to participate in the court hearing. The local authority will notify you about the court’s application to secure your child, and you will be invited to attend a hearing where your child’s situation will be discussed.
While this process can be stressful, you will have the opportunity to be heard, challenge, and, in certain circumstances, appeal the court order. Seeking the support of a professional child law solicitor is highly beneficial, as they can provide you with the necessary advice and assistance.
If your child is placed in secure accommodation, you will be able to arrange visits and maintain regular communication, facilitated by the authority responsible for your child’s welfare. If you do not receive communications about a Secure Accommodation Order or feel the responsible authority is not acting fairly or lawfully, speak to a solicitor immediately.
How we can help
If a Secure Accommodation Order is being made regarding your child, we can help. Child law is a highly complex and sensitive area that requires meticulous attention to detail. With decades of experience, Ramsdens can advise you on factors that might support your case and address the welfare considerations raised by the Local Authority. We can also guide you on what to do if you believe your child has been wrongfully placed in secure accommodation.
While we may not always be able to completely block an Secure Accommodation Order, we can often negotiate to reduce the severity of the order, increase your visitation time, and shorten the order’s duration. We can also recommend resources and organisations to help you meet any obligations imposed on you.
If a Secure Accommodation Order is being considered for your child, we recommend that you contact us as soon as possible to maximise your chances of a favourable outcome.
Frequently asked questions
Secure Accommodation Orders, typically applied for by social services or other child welfare authorities, are designed to protect a child and those around them by placing the child in a secure children’s home. Reasons for these orders include:
- Risk of significant harm to themselves or others
- Involvement in gang or criminal activities
- Risk of grooming or sexual exploitation
- History of running away with a high likelihood of continuing to do so
Under the Children Act 1989, a child or young person under the age of 16 can be placed in secure accommodation following a court order. For children already in the care of a local authority, they must be older than 13 years old.
An initial Secure Accommodation Order lasts no longer than three months. Further orders can extend for up to six months each time.
