Question to the Department for Education:

To ask His Majesty's Government, further to the remarks by Baroness Smith of Malvern on 17 June (HL Deb col 1963), and following the publication on 17 November of updated guidance for placing children in secure accommodation, whether they still intend to extend the powers that the Secretary of State already has to make regulations in relation to secure accommodation to children deprived of their liberty.

As part of changes introduced by Clause 11 of the Children’s Wellbeing and Schools Bill, which will amend Section 25 of the Children Act 1989 (CA 1989) to allow for authorisation of a deprivation of liberty in ’Relevant Accommodation’ under the CA 1989, the department can confirm that the same regulation making powers that exist currently for the Secretary of State in relation to Secure Accommodation will also be available for ’Relevant Accommodation’.

It will be made clear in regulations that Secretary of State approval will be required to deprive children under the age of 13 of their liberty via Section 25 of the CA1989 in Relevant Accommodation. As per updated guidance published on 17 November, there is no such regulatory requirement regarding Secretary of State approval for applications to the High Court under its inherent jurisdiction for a deprivation of liberty order – this does not amend the requirements or guidance on the use of Section 25.