Secure accommodation and deprivation of liberty

Section 25 of the Children Act 1989 (ChA 1989) (in England) and section 119 of the Social Services and Well-being (Wales) Act 2014 (SSW(W)A 2014) (in Wales) restrict the ability of local authorities to place and keep children in secure accommodation. Secure accommodation orders are compatible with the European Convention on Human Rights (ECHR).

See Practice Notes: Secure accommodation—general principles and Secure accommodation—procedure.

Without an order

Under ChA 1989, s 25 a child may be kept in secure accommodation without a court order for a maximum of 72 hours, whether or not consecutive, in any period of 28 days. Before doing so, the local authority must be satisfied that the statutory criteria are met and must consider the child's welfare although that need not be their paramount consideration. The provisions of ChA 1989 (in England), and SSW(W)A 2014 (in Wales), also enable the local authority to act in order to protect the public from serious injury even if inconsistent with promoting and safeguarding the child’s welfare. It should consult the child, parents and others, as far as reasonably

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