The Children (Secure Accommodation) Regulations 1991

(SI 1991/1505)

These Regulations replace the Secure Accommodation (No. 2) Regulations 1983 and the Secure Accommodation (No. 2) (Amendment) Regulations 1986 in consequence of the bringing into force of Section 25 of the Children Act 1989 and the repeal of Section 21A of the Child Care Act 1980 (c. 5) which it replaces. The main changes include the extension of the secure accommodation provisions to children accommodated by health or local education authorities or National Health Service trusts or in residential care, nursing or mental nursing homes. The Regulations also prohibit for the first time the use of voluntary homes and registered children’s homes for restricting the liberty of children.

The Regulations provide for approval by the Secretary of State of secure accommodation in community homes (Regulation 3), the placement of a child aged under 13 in secure accommodation in community homes (Regulation 4), the children to whom section 25 of the Act shall not apply (Regulation 5), the modifications subject to which section 25 of the Act shall have effect in relation to detained and remanded children (Regulation 6), certain children accommodated by health authorities, National Health Service trusts or local education authorities and in residential care, nursing or mental nursing homes to whom the Act shall apply and have effect subject to modifications (Regulation 7), the making of applications to court (Regulation 8), the duty to give information of placements in community homes (Regulation 9), provision as to the maximum period in accommodation for restricting liberty without court authority (Regulation 10), the maximum initial period of authorisation by any court (Regulation 11), further periods of authorisation by a court (Regulation 12), the maximum periods of authorisation by a court for remanded children (Regulation 13), the duty to inform parents and others in relation to children in secure accommodation in a community home (Regulation 14), the appointment of persons to review placements in secure accommodation in a community home (Regulation 15), the review of placements in secure accommodation in a community home (Regulation 16), the records to be kept in respect of a child in secure accommodation in a community home (Regulation 17), the prohibition of the use of accommodation for restricting liberty in voluntary homes and registered children’s homes and breach thereof (Regulation 18) and the revocation of the Secure Accommodation (No. 2) Regulations 1983 and the amendment regulations (Regulation 19).

See here: The Children (Secure Accommodation) Regulations 1991