The Children (Secure Accommodation) (Wales) Regulations 2015

Requirements in relation to placements in secure accommodation E+W

[F1 Placement in a regulated setting] E+W

[F2 8.   A local authority may only place a looked after child in secure accommodation—

(a) provided in Wales by a secure accommodation service in respect of which the provider is registered,

(b) in a home in England which is registered under Part 2 of the Care Standards Act 2000 as a children’s home providing accommodation for the purpose of restricting liberty, or

(c) provided by a secure accommodation service in Scotland.]

Textual Amendments

F1 Reg. 8 heading substituted (2.4.2018) by The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018 (S.I. 2018/391), regs. 1(4), 2(8)

F2 Reg. 8 substituted (2.4.2018) by The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018 (S.I. 2018/391), regs. 1(4), 2(7)

Duty to give information of placement in secure accommodation E+W

[F3 9.— (1) Where a child is placed in secure accommodation in premises in Wales at which a secure accommodation service is provided by a person other than the local authority which is looking after the child, the person registered in respect of that service must inform the local authority or local authority in England which is looking after the child that the child has been placed there within 12 hours of the placement beginning.

(2) The local authority or local authority in England looking after the child must then confirm to the registered person—

(a) its authorisation for the child to be held in secure accommodation;

(b) the period of authorisation;

(c) details of any order made by a court authorising the placement.]

Textual Amendments

F3 Reg. 9 substituted (2.4.2018) by The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018 (S.I. 2018/391), regs. 1(4), 2(9)

Appointment of persons to review placements E+W

10.  A local authority which decides to place a child in secure accommodation must appoint at least 3 persons to review the decision within 15 working days of the start of the placement and then at intervals not exceeding three months where the placement in secure accommodation continues.

Commencement Information

I1 Reg. 10 in force at 6.4.2016, see reg. 1(2)

Reviews of placement in secure accommodation E+W

11.—(1) The persons appointed under regulation 10 must consider, having regard to the welfare of the child in question—

(a) whether the criteria for keeping the child in secure accommodation continue to apply;

(b) whether the placement in secure accommodation continues to be necessary or whether any other description of accommodation would better meet the child’s needs.

(2) In undertaking a review of the placement, the persons appointed must, so far as is reasonably practicable, ascertain and take into account the wishes and feelings of—

(a) the child;

(b) the child’s parents;

(c) any person not being a parent but who has parental responsibility for the child;

(d) any other person who has had care of the child whose views the persons appointed consider should be taken into account;

(e) the child’s independent visitor if one has been appointed;

(f) the person managing the secure accommodation in which the child is placed.

(3) The persons appointed must make a recommendation to the local authority about whether the placement of that child in secure accommodation should continue.

(4) The local authority must, as far as is reasonably practicable, inform all those whose views are required to be taken into account under paragraph (2) of the recommendation made by the review and of what action, if any, it proposes to take in the light of the recommendation.

Commencement Information

I2 Reg. 11 in force at 6.4.2016, see reg. 1(2)

Records to be kept in respect of a child in secure accommodation in a [F4 regulated setting] E+W

[F5 12.   When a child is placed in secure accommodation in premises in Wales at which a secure accommodation service is provided the persons who are registered to provide a secure accommodation service in respect of those premises must maintain a record for that child which includes—

(a) the name, date of birth and sex of that child;

(b) details of the care order or other statutory provisions by virtue of which the child is placed in the premises at which a secure accommodation service is provided;

(c) details of the local authority or local authority in England placing the child and the name of the authorising officer;

(d) the date and time of the start of the placement in secure accommodation;

(e) the reason for the placement;

(f) the address of the place where the child was living before the placement;

(g) the names and relevant details of the persons informed by virtue of regulation 5 of the child’s placement;

(h) details of any court orders made in respect of the child under section 119 of the Act;

(i) details of reviews undertaken under regulation 11;

(j) the date and time of any periods when the child is locked on his own in any room other then his bedroom during normal bedtime hours, the name of the person authorising this action, the reason for it and the date on which and time at which the child ceased to be locked in that room;

(k) the date and time of the child’s discharge and the child’s address following discharge from secure accommodation.]

Textual Amendments

F4 Words in reg. 12 heading substituted (2.4.2018) by The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018 (S.I. 2018/391), regs. 1(4), 2(11)

F5 Reg. 12 substituted (2.4.2018) by The Children (Secure Accommodation) (Wales) (Amendment) Regulations 2018 (S.I. 2018/391), regs. 1(4), 2(10)