An initial secure accommodation order made under Section 25 of the Children Act 1989 can last a maximum of three months. It can then be renewed by the court, but each renewal can also last no more than three months.
There is no fixed overall limit on the number of renewals that a person can apply for, however the court must review and approve each renewal and must be satisfied every time that the legal criteria continues to be met.
For parents and young people, understanding these time limits can reduce some of the uncertainty at a very difficult stage. Because secure accommodation restricts a child’s liberty, the legal safeguards around duration and renewal are strict and subject to regular court oversight.
What Is a Secure Accommodation Order?
A secure accommodation order is a court order, authorising the placement of a child in secure residential accommodation where their freedom of movement is restricted.
Secure accommodation is one of the most serious orders that can be made in relation to a child because it deprives them of their liberty but is usually sought by a local authority where other forms of placement are considered insufficient to keep the child or others safe.
These applications are heard in the Family Court or in some cases the High Court.
What Are the Secure Accommodation Order Time Limits?
The time limits depend on the legal framework under which the child is placed. The most common basis is Section 25 of the Children Act 1989.
Under this:
- The initial order can last up to three months
- Each renewal can also last up to three months
If the order reaches its expiry date and no renewal is granted by the court, the legal authority to keep the child in secure accommodation comes to an end.
This does not mean that any wider care proceedings have concluded. It means that the specific power to restrict the child’s liberty under that order has ended unless the court has approved a further period.
Are the Time Limits the Same for All Children?
No. The durations above apply to placements under the Children Act 1989. Where a child is detained under the Mental Health Act 1983, different limits apply:
- The initial period can last up to three months
- Renewals can last up to six months
What Are the Criteria for Making a Secure Accommodation Order?
A child can only be placed in secure accommodation if one of the statutory criteria is met, meaning the court must be satisfied that:
- The child has a history of absconding and is likely to abscond from any other type of accommodation and if they abscond they are likely to suffer significant harm
or
- The child is likely to injure themselves or other people if kept in any other type of accommodation
These criteria are strict and the court must assess whether secure accommodation is justified and appropriate. A child presenting challenges alone isn’t enough. The legal threshold must still be met.
The Initial Hearing: What the Court Decides
The initial application for a secure accommodation order is heard in the Family Court or in some cases the High Court.
The child must be legally represented and a guardian is appointed to safeguard their interests. The guardian is an independent professional, usually appointed through Cafcass, who represents the child’s welfare position and instructs a solicitor on the child’s behalf. Parents must be formally notified of the application and are entitled to attend the hearing and to be legally represented so that their views can be placed before the court.
At the hearing, the judge will consider:
- Whether the Section 25 criteria are met
- Whether placement in secure accommodation is warranted
- The proposed care plan
- The child’s overall welfare
If the court grants the order, it must specify the duration, which cannot exceed three months under the Children Act 1989. Children subject to secure accommodation proceedings will receive non-means-tested Legal aid, whilst parents are assessed according to eligibility and income requirements.
Renewals: Can a Secure Accommodation Order Be Renewed?
Yes. A secure accommodation order can be renewed but only through a further court application. Each time the local authority seeks to continue the placement, it must return to court and provide updated evidence to justify doing so.
At every renewal hearing, the judge must be satisfied that the statutory criteria remain met and that secure accommodation continues to be necessary and proportionate. The court does not simply revisit its earlier decision. It reassesses the child’s circumstances as they stand at that point in time.
Under the Children Act 1989, each renewal can last for no more than three months. Where a child remains in secure accommodation for a sustained period, this results in a series of review hearings at regular intervals. At each stage, the court examines whether continued restriction of the child’s liberty is justified on the evidence presented.
Are the Time Limits the Same for All Children?
No. The standard maximum durations of three months initially and then three months per renewal apply to secure accommodation.
Where a child is detained under the Mental Health Act 1983, different statutory time limits apply, including renewals of up to six months.
The legal framework matters because it affects both the duration and the review process. If you are unsure which legislation applies to your child’s placement, a solicitor can clarify this quickly.
What Rights Does a Child Have During Secure Accommodation?
A child placed in secure accommodation does not lose their legal rights. Although the placement restricts their liberty, important safeguards remain in place to ensure that their welfare and legal protections continue throughout the period of detention.
These rights include:
- The right to legal representation
- The right to have a guardian appointed to represent their welfare interests
- The right to challenge the order through the court process
- The right to regular court reviews of their placement
Legal aid is available for children in secure accommodation proceedings so that they can be represented independently before the court.
In addition, the child retains rights to education and to maintain contact with family members, subject to the terms of any care order or contact arrangements that are in force.
Secure accommodation is a significant intervention, but it does not remove a child’s entitlement to legal protection, representation or ongoing judicial oversight. Regular review hearings act as an important safeguard to ensure that the placement does not continue for longer than is necessary.
Can Parents Challenge a Secure Accommodation Order?
Parents must be formally notified of any application for a secure accommodation order and have the right to attend the hearing and to be legally represented. They are entitled to oppose the application, present their own evidence and make submissions about whether the statutory criteria are met and whether the placement is proportionate.
If an order has already been made and parents believe that it should not continue, an application to the court can be made to challenge or oppose a renewal. The court will then reconsider the evidence and decide whether the legal threshold for secure accommodation remains satisfied.
Because a secure accommodation order authorises a restriction on a child’s liberty, an understanding of the legal basis, process and what’s relied on is needed. This is where a solicitor is important, as they can review the local authority’s case, explain the legal test being applied and advise on the options available within the court process.
Legal aid is automatically available for children in secure accommodation proceedings and may also be available for parents depending on their financial circumstances. Further information about legal aid for secure accommodation proceedings is available on our website.
Secure Accommodation Order Duration at a Glance
| Legal Basis | Initial Order | Renewal Period |
|---|---|---|
| Children Act 1989 Section 25 | Up to 3 months | Up to 3 months per renewal |
| Mental Health Act 1983 | Up to 3 months | Up to 6 months per renewal |
| Each renewal period requires a court hearing and judicial approval | ||
National Legal Service represents children and families in secure accommodation proceedings. If your child has been placed in secure accommodation or you have been notified of an application, our secure accommodation order solicitors can explain your options and represent you in court. Speak to us in confidence to discuss your situation.
Information is for general guidance in England and Wales and is not a substitute for legal advice.
