There has been an increase recently in applications made for a court in family proceedings to “authorise a residential placement of a young person in circumstances where their liberty may be restricted”. This, combined with a widespread shortage of suitable placements, prompted the president of the Family Division, Sir Andrew McFarlane, to issue new court practice guidance to explain the registration and regulation structure applicable in England and Wales for residential care facilities for children and young people. The aim is to ensure that, where a court authorises placement in an unregistered unit, steps are taken by those running the unit to apply for registration, and that the court monitors that application. If registration is not secured the court will review its continued approval of the child’s placement in that unit.
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