Part 9: Secure Children’s Homes and Secure 16 to 19 Academies
Section 163: Temporary release from secure children’s homes
- Section 163 introduces a statutory power for the temporary release of persons detained in secure children’s homes following sentences of detention, detention and training orders and detention orders following breach of certain civil orders.
- Subsection (1) describes those to whom the temporary release power will apply. Subsection (2) provides that the Secretary of State or the registered manager of the home may temporarily release a person to whom the Section applies.
- Subsection (3) provides that temporary release under this section may be granted under conditions.
- Subsection (4) provides that the Secretary of State and registered managers will have concurrent powers to recall persons temporarily released under this section.
- Subsection (5) provides that the registered managers of secure children’s homes must have regard to any guidance issued by the Secretary of State about the use of powers of temporary release under this Section. Subsection (6) provides various definitions in respect of the application of this Section, including "detention and training order," "further detention order," "secure children’s home" and "registered manager."
- Subsection (7) inserts a new subsection 49(5) into the Prison Act 1952 providing that a person shall be deemed to be unlawfully at large if the period for which he is temporarily released has expired or if he has been recalled under this section.
Section 164: Secure 16 to 19 academies
- Subsection (1) amends section 1B of the Academies Act 2010 (16 to 19 Academies), to clarify that 16 to 19 academies can provide secure accommodation for the purpose of restricting liberty but only if approved to do so by the Secretary of State. A 16 to 19 academy which provides secure accommodation is to be known as a "secure 16 to 19 academy".
- Subsection (2) amends section 12 of the Academies Act 2010 (charitable and trust corporation status of Academy Proprietors, etc.) to make express provision that the setting up, establishment and running of a secure 16 to 19 Academy is to be treated as a charitable purpose, within the meaning of section 2 of the Charities Act 2011 ("the 2011 Act"), falling within the advancement of education description of purposes. The effect is that preparatory steps, and the establishment and running of a secure 16 to 19 academy will be charitable for the purposes of the Academies Act, so that they fall within the definition of QAPs, and for the purposes of any other enactment.
- New section 12(6) clarifies that this charitable purpose is to be disregarded in determining whether other purposes may be charitable by virtue of being regarded as analogous in accordance with section 3(1)(m) of the 2011 Act.
- Subsection (3) inserts secure 16 to 19 academies into the definition of youth detention accommodation in section 248 of the Code so that a person detained following a detention and training order made by a court may be placed within a secure 16 to 19 academy. Subsection (4) makes amendments to the Children’s Homes (England) Regulations 2015 so as to apply the provisions of those Regulations to secure 16 to 19 academies.
