Restricting a child's liberty (secure care) CA 1989 s. 25
A looked-after child may only be placed in secure accommodation to restrict liberty if they risk absconding and harm, or risk injuring themselves or others.
Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not be placed, and, if placed, may not be kept, in accommodation in England or Scotland provided for the purpose of restricting liberty (“secure accommodation”) unless it appears— that— he has a history of absconding and is likely to abscond from any other description of accommodation; and if he absconds, he is likely to suffer significant harm; or that if he is kept in any other description of accommodation he is likely to injure himself or other persons. The Secretary of State may by regulations— specify a maximum period— beyond which a child may not be kept in secure accommodation in England or Scotland without the authority of the court; and for which the court may authorise a child to be kept in secure accommodation in England or Scotland ; empower the court from time to time to authorise a child to be kept in secure accommodation in England or Scotland for such further period as the regulations may specify; and provide that applications to the court under this section shall be made only by local authorities. in England or Wales It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case. If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept. On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation. Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section. No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, he refused or failed to apply. The Secretary of State may by regulations provide that— this section shall or shall not apply to any description of children specified in the regulations; this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified; such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in England or Scotland . a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers). The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates. Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act. This section is subject to section 20(8).
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section limits when a local authority in England or Wales can place a looked-after child in locked or secure accommodation to restrict their liberty. A child cannot be placed or kept in secure accommodation unless specific statutory criteria are met.
To restrict a child's liberty, it must be shown either that the child has a history of running away and is likely to run away from open care and suffer significant harm as a result, or that the child is likely to injure themselves or other people if kept in open accommodation.
A local authority must apply to the court for permission to keep a child in secure accommodation beyond a set initial period. The court must confirm that the legal criteria are met before issuing an order, and the child must be given the opportunity to receive legal representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.
When it applies
- A local authority seeks a court order to keep a young person in a locked residential facility because they repeatedly run away from open foster care into dangerous situations.
- Care staff apply to restrict the liberty of a teenager who is placing themselves or staff at risk of severe physical injury while living in standard residential care.
- A court considers making an interim secure accommodation order while an application regarding a looked-after child's placement is adjourned.
What this section does not say
- Providing general accommodation and maintenance for a looked-after child without locking them in, which is governed by section 23.
- Detaining a child who has been arrested or sentenced under criminal law regimes.
- Appointing an independent reviewing officer to monitor a child's care plan, which falls under section 25a.
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This page reproduces the text of CA 1989 s. 25 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.