Calculating length of stay in secure care

3 consecutive days, whether these are continuous or not.

• A day is a calendar day e.g. Monday 1^st, Tuesday 2^nd etc.
• This means the day the child or young person is admitted to secure care (regardless of time) is day 1, the following day is day 2 and the next day is day 3.

Example: The child or young person enters secure care on Monday 20^th (at any time)

Day 1 = Monday 20^th

Day 2 = Tuesday 21^st

Day 3 = Wednesday 22^nd

In this example the child or young person must leave secure care before midnight on Wednesday 22^nd, unless an approval has been granted from the courts under s376.

If the child or young person is still in secure care on Thursday 23^rd even for 5 minutes past midnight, it will be recorded as a breach during a residential regulations inspection. If still in the secure unit on Thursday 23^rd it is the 4^th consecutive day and not appropriate.

Following a review a child or young person may leave secure care on day 1, 2, or 3.

If they re-enter secure care without a whole calendar day out of secure care, it is still a consecutive day and is counted.

If the child or young person leaves on day 3 and re-enters the following day, this is counted as their fourth consecutive day in secure care. Prior Court authority is required.

Example: The child or young person enters at any time to secure care on Monday 20^th. They are reviewed and leave secure care on Tuesday 21^st. They re-enter sometime on Wednesday 22^nd.

Day 1 = Monday 20^th

Day 2 = Tuesday 21^st (leave on this day, the child or young person was in secure care for some time on this day)

Day 3 = Wednesday 22^nd (re-enter on this day but must leave before midnight)

In this example the child or young person must leave before midnight on Wednesday 22^nd (unless an approval has been granted under s376) otherwise they are into their 4^th day.

Example: Re-entering secure care, the child or young person enters anytime on Monday 20^th. They are reviewed and leave on Wednesday 22^nd. They re-enter secure care on Thursday 23^rd.

Day 1 = Monday 20^th

Day 2 = Tuesday 21^st

Day 3 = Wednesday 22^nd (reviewed and leaves, in secure care for a total of 3 days)

Day 4 = Thursday 23^rd (re-entering without a whole calendar day out of secure care – this is a consecutive day and is called day 4 – therefore approval required under s376)

When a child or young person leaves secure care (after day 3) and they spend a full clear calendar day in the residence they can be return to secure care . This stay starts at day 1.

Example: Leaving and re-entering secure care, the child or young person leaves secure care on day 3 (Wednesday 22^nd Thursday is day 4 and they re-enter on Friday day 5)

Day 1 = Monday 20^th

Day 2 = Tuesday 21^st

Day 3 = Wednesday 22^nd (reviewed and left secure care)

Day 4 = Thursday 23^rd (whole calendar day out of secure care)

Day 1 = Friday 24^th (re-entered secure care)

The child or young person enters secure care after a full calendar day and the whole process starts again as Day 1.

In exceptional circumstances a child or young person can be placed in a residence under s42 and/or s235. In these instances children or young people should only be in a residence for short periods of time.

In a s42 matter the timeframe in secure care would not exceed 5 days.

In a s235 matter the child or young person would be in care on that status only, until their case can be heard in the next Court sitting available.

For children and young people on s42 and s235 the time limit is a continuous period of no more than 24 hours; this does not include weekend or public holidays as these days are not counted.

Example: Time limits under s42

Friday 24^th – 20:00 (8.00pm) – 00:00 (12:00am midnight) = 4 hours

Saturday 25^th – is not counted

Sunday 26^th – is not counted

Monday 27^th – 00:00 – 10:30 = 10.5 hours (child or young person leaves secure care to attend court)

In this example the total length of time in secure care is calculated as 14.5 hours because Saturday and Sunday are not included. If the child or young person were to remain in secure care until 20:00 or longer, this would exceed the 24 hour time limit and prior approval under s376 is required.