New type of DOL placement -semi- secure ‘no basis in law’ – CA89 Vol 5
Knowing our history is important – see 2.110 below
The Children’s Well Being and Schools Act includes the possibility of a new type of placement under which a child can be deprived of their liberty, in addition to secure children’s homes. It is promoted by government as bringing more deprivation of liberty cases under a statutory framework.
The legislation empowers the government to issue regulations describing the type of accommodation that should be used, the maximum period a child may be kept in such placements, with or without court authority, and the cohort of children who may be placed in them.
On this of all matters knowing history is important.
Clarity
There is clarity in the Children Act 1989 guidance and regulations – volume 5: children’s homes. Statutory guidance for local authorities October 2013
There is clarity in Children’s Right Director publication on this matter. Now archived. Accessible?
There is clarity in the letter of March 2007 from the chief inspector of the Commission for Social Care Inspection (then the inspectorate for children’s homes) to Directors of Children’s Services regarding the legal position on the restriction of liberty in children’s homes
Children Act 1989 guidance and regulations – volume 5: children’s homes
Statutory guidance for local authorities October 2013
Restriction of liberty
2.108. Restricting the liberty of children is a serious step and a child’s liberty can only be restricted in a children’s home approved by the Secretary of State as a secure children’s home. It is unacceptable for a home that is not approved by the Secretary of State to lock a child in for the purposes of detention.
2.109. The use of double or high door handles or the locking of outside doors, or doors to hazardous areas, may be acceptable as a safety measure and/or as a security precaution. Where it is necessary to adjust the environment of the home so that it is safe and secure, then decisions about the use of locks should be based on a careful risk assessment that allows children as much freedom as possible, consistent with the need to keep them safe.
2.110. “Semi-secure” children’s homes have no basis in law. An establishment is either using its premises for the purpose of providing care in a setting which restricts the liberty of a child and has been approved by the Secretary of State as a secure children’s home or it is not. Placing authorities, parents or even young people themselves cannot give their own consents for a child to have their liberty restricted. Therapy and behaviour management do not provide a reasonable excuse for restricting the liberty of a child in a children’s home which is not approved as secure accommodation.
See also
Letter of March 2007 from the chief inspector of the Commission for Social Care Inspection (then the inspectorate for children’s homes) to Directors of Children’s Services regarding the legal position on the restriction of liberty in children’s homes
