Question to the Department for Education:

To ask Her Majesty's Government what assessment they have made of Practice guidance: placements in unregistered children’s homes in England or unregistered care home services in Wales, published on 12 November 2019; and, in the light of that guidance, whether it is permissible for a child on remand to be (1) placed, and (2) detained, in unregulated accommodation.

The practice guidance: Placements in unregistered children’s homes in England or unregistered care home services in Wales was developed and issued by the President of the Family Division of the courts, with input from Ofsted and the Department for Education. This guidance sets out steps that must be followed in circumstances where courts use their inherent jurisdiction to authorise a residential placement where restrictions are placed on the liberty of a child.

The guidance makes clear that where a child’s care needs are such that the setting in which they are placed should be registered as a children’s home, steps must immediately be taken by those operating the unit to apply for registration, so that the placement will become regulated as soon as possible. The guidance also requires the court to monitor the progress of the application for registration and, if registration is not achieved, to review its continued approval of the child’s placement where necessary.

The government is clear that local authorities have statutory duties to meet the needs of the children whom they look after, and to ensure that there is sufficient accommodation. Where settings meet the definition of a children's home, they must register as one: it is an offence not to do so.

Where a child is remanded to local authority accommodation, they become a looked after child and the designated local authority are responsible for identifying a suitable placement. As long as they remain looked after, these children and young people are entitled to the same care planning and review processes as any other looked after children, including ensuring that they are placed in a setting which meets their needs and keeps them safe.

In discharging these duties and making these decisions for children on remand, local authorities must also consider any restrictions that the court has imposed, such as a curfew or electronic monitoring, and ensure that any placement is able to effectively incorporate these restrictions. For many young people, particularly those with more stringent restrictions set by the court, placements in independent and semi-independent provision will not be a suitable option. Local authorities should place young people in settings that best meet their needs while being able to facilitate any restrictions the court has ordered. This could include a placement with foster carers or in a children’s home.

Children who are remanded to youth detention accommodation, can be placed in either a Youth Offenders Institution, a Secure Training Centre or a Secure Children’s Home.