Children Act 1989, section 25

Use of accommodation for restricting liberty

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1) Subject to the following provisions of this section, a child who is being looked after by a local authority[F432 in England or Wales F432] may not be placed, and, if placed, may not be kept, in accommodation [F433 in England F433][F434 or Scotland F434] provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a)that—

(i)he has a history of absconding and is likely to abscond from any other description of accommodation; and

(ii)if he absconds, he is likely to suffer significant harm; or

(b)that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2)The [F435Secretary of StateF435] may by regulations—

(a)specify a maximum period—

(i)beyond which a child may not be kept in secure accommodation[F436 in EnglandF436][F437 or ScotlandF437] without the authority of the court; and

(ii)for which the court may authorise a child to be kept in secure accommodation[F438 in EnglandF438][F437 or ScotlandF437] ;

(b)empower the court from time to time to authorise a child to be kept in secure accommodation[F439 in EnglandF439][F440 or ScotlandF440] for such further period as the regulations may specify; and

(c)provide that applications to the court under this section shall be made only by local authorities. [F441in England or WalesF441]

(3)It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.

(4)If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.

(5)On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.

[F442 (5A)Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.F442]

(6)No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for [F443the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012F443] and having had the opportunity to do so, he refused or failed to apply.

(7)The [F444Secretary of StateF444] may by regulations provide that—

(a)this section shall or shall not apply to any description of children specified in the regulations;

(b)this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;

(c)such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation[F445 in EnglandF445][F446 or ScotlandF446] .

[F447 (d)a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).F447]

(8)The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.

[F448 (8A)Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.F448]

(9)This section is subject to section 20(8).

Definitions used in section 25 5

child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
harm

“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act

Cases considering section 25 78

In the matter of T (A Child) (Appellant)

[2021] UKSC 35 · 30 July 2021Interprets

The court interpreted the statutory secure-accommodation scheme, held that its principles should be observed by analogy under the inherent jurisdiction, and concluded that the jurisdiction could fill a gap where compliant accommodation was unavailable. (see paras [39]-[45]; [123]-[155]) Accommodation is secure accommodation where it is designed for, or has as its primary purpose, restriction of liberty. The focus is the accommodation and its purpose rather than the particular regime imposed. (see paras [130]-[139]) The absconding and significant-harm criterion informs both eligibility for secure accommodation and the physical characteristics expected of a secure placement. (see paras [40]-[42]; [137]) The risk that a child will injure himself, herself or another person informs eligibility and the features required of secure accommodation. (see paras [40]-[42]; [137]) The subsection authorises regulations governing periods of confinement, court authority and applications under the secure-accommodation scheme. (see para [43]) Cited only. The subsection permits regulations dealing with eligible children and the descriptions of accommodation that may be used. (see paras [43]-[45]) The subsection permits regulations requiring accommodation to be approved by the Secretary of State and therefore supports the approval requirement governing secure children’s homes. (see paras [43]; [47]; [139]) Cited only.

In the matter of D (A Child)

[2019] UKSC 42 · 26 September 2019Limits

The court provisionally favoured a restrained construction of secure accommodation, focused principally on the nature and purpose of the accommodation rather than every individual care regime involving deprivation of liberty. No definitive ruling was made. (see paras [91]-[115]) The phrase “accommodation provided for the purpose of restricting liberty” points towards a category of accommodation whose nature or primary purpose is restrictive. It does not necessarily include every setting where an individual child’s liberty is restricted. (see paras [96]; [103]; [113]-[115]) The absconding and significant-harm criterion contributes to the last-resort character of secure accommodation and informs a restrained construction of the statutory definition. (see paras [93]; [100]; [114]) The likelihood of injury in any other accommodation is an alternative gateway to secure accommodation. Its seriousness supports treating the statutory regime as one of last resort. (see paras [93]; [100]; [114]) The provision authorises regulations setting the periods during which a child may be kept in secure accommodation with or without court authority. (see paras [92]-[93]) Once the statutory criteria are satisfied, the court must authorise the child’s detention in secure accommodation. This mandatory consequence displaces the usual paramountcy of welfare and supports a restrained construction. (see para [101]) The regulation-making power permits section 25 to be extended beyond children looked after by local authorities. It refutes the misconception that the section applies only to looked-after children. (see paras [94]-[95])

T (Inherent Jurisdiction: Deprivation of Liberty)

[2026] EWCA Civ 307 · 19 March 2026

The court held that the secure-accommodation regime was not an available alternative where no secure placement existed. Its theoretical availability could not prevent recourse to the inherent jurisdiction. (see paras [27]; [41])

58 more judgments, and what each says about section 25, are in the case-law panel in the full Act.

Amendments and notes

23 notes from legislation.gov.uk

Amendments

  1. F432Words in s. 25(1) substituted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(2)(a)
  2. F433Words in s. 25(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(a)(ii)
  3. F434Words in s. 25(1) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(2)(b)
  4. F435Words in s. 25(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(b)
  5. F436Words in s. 25(2)(a)(i) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(c)
  6. F437Words in s. 25(2)(a)(i)(ii) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(a)
  7. F438Words in s. 25(2)(a)(ii) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(c)
  8. F439Words in s. 25(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(c)
  9. F440Words in s. 25(2)(b) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(a)
  10. F441Words in s. 25(2)(c) substituted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(b)
  11. F442S. 25(5A) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(4)
  12. F443Words in s. 25(6) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 38; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6) this amendment is subject to savings and/or transitional provisions, see the commentary.
  13. F444Words in s. 25(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(e)
  14. F445Words in s. 25(7)(c) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(f)
  15. F446Words in s. 25(7)(c) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(5)(a)
  16. F447S. 25(7)(d) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(5)(b)
  17. F448S. 25(8A) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6)

Modifications

  1. C33S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(1).
  2. C34S. 25 amendment to earlier affecting provision SI 1991/1505 reg. 6 (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 2(2) (with reg. 2(4)(5))
  3. C35S. 25 excluded by SI 1991/1505, reg. 5A (as inserted (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 6)
  4. C36S. 25 extended to Scotland (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(1)

Commencement

  1. I22S. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Extent

  1. E2S. 25 extends to England and Wales with the exception of s. 25(8) which extends to Great Britain. See s. 108(11)(12).