THE SECURE ACCOMMODATION (No. 2) Regulations 1983

(SI 1983 No. 1808)

These Regulations replace the Secure Accommodation Regulations in 1983 in consequence of the substitution of Section 21A of the Child Care Act 1980 by virtue of paragraph 50 of Schedule 2 to the Health and Social Services and Social Security Adjudications Act 1983.  They provide that secure accommodation in community homes must be approved by the Secretary of State and impose requirements in respect of the placing of children in such accommodation.

The Regulations specify in the Schedule the description of children to whom Section 21A of the 1980 Act is to apply in addition to those in the care of a local authority to whom the section already applies and also specify the description of children to whom the section is not to apply.  They make provision for Section 21A to have effect subject to modification of the criteria for placing and keeping children in care in secure accommodation in relation to children committed to the care of a local authority under section 23 of the Children and Young Persons Act 1969 (children remanded or committed for trial).

The Regulations specify 72 hours as the maximum period beyond which a child to whom Section 21A applies may not be kept in secure accommodation without the authority of a juvenile court.  They specify cases in which this maximum period is extended where it would otherwise expire between 12 midday on the day before and 12 midday on the day after a Sunday or public holiday. They also specify three months as the maximum period for which a juvenile court may authorise a child to be kept in such accommodation and empower a juvenile court from time to time to authorise further periods not exceeding six months.  In cases where children are remanded and committed to the care of a local authority under Section 23 of the 1969 Act the regulations specify that the maximum period which may be authorised is the remand period.  They also specify that applications to juvenile courts under Section 21A of the 1980 Act are to be made by local authorities.