Section 180 Child’s Right Act
Section 180 Child’s Right Act 2003 is about Use of accommodation for restricting liberty. It is under Part XV (State Government Support for Children and Families) of the Act.
(1) Subject to the following provisions of this section, a child who is being looked after by a State Governments shall not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty known as secure accommodation unless it appears that ‐
(a) the child ‐
(i) has a history of absconding and is likely to abscond from accommodation of any other description, and
(ii) is likely to suffer significant harm if he absconds;
(b) if the child is kept in accommodation or any other description, he is likely to injure himself or other persons.
(2) The Court hearing an application under this section shall determine whether any relevant criteria for keeping a child in secure accommodation as specified under Subsection (1) of this section are satisfied in this case.
(3) Where the Court determines that the relevant criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which the child may be kept.
(4) On any adjournment of the hearing of an application under this section, the Court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.
(5) No Court shall exercise the powers conferred by this section in respect of a child who is not legally represented in the Court, unless ‐
(a) the child, having regard to this age and understanding; and
(b) the parents of the child; or
(c) person who, though not a parent of a child, has parental responsibility for the child ; or
(d) any other person it considers relevant, having been informed of the right of the child to apply for legal aid and having had the opportunity to do so, had refused or failed to apply.
(6) The giving of an authorisation under this section shall not prejudice any other court to give directions relating to the child to whom the authorisation relates.
(7) The Minister may, by regulations‐
(a) specify a maximum period‐
(i) beyond which a child shall not be kept in secure accommodation without the authority of the Court, or
(ii) for which the Court may authorise a child to be kept in secure accommodation;
(b) empower the Court, from time to time, to authorise a child to be kept in secure accommodation for such further period as the regulations may specify;
(c) provide that applications to the Court under this section shall be made only by State Governments and
(d) providing that‐
(i) this section shall or shall not apply to any description of children specified in the regulations,
(ii) this section shall apply in relation to children of a description specified in the regulations subject to such modifications as may be so specified, and
(iii) 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.
(8) This section is subject to section 178 (6) of this Act.
