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3.4.4 Secure Accommodation (Criteria) Reviews

SCOPE OF THIS CHAPTER

This procedure applies to children placed in Secure Accommodation under Section 25 of The Children Act 1989 (Welfare Grounds). The purpose of Secure Accommodation (Criteria) Reviews is solely to consider whether the criteria for keeping a child in secure accommodation continue to apply, whether such a placement continues to be necessary and whether or not any other form of accommodation would be appropriate.


Contents

  1. Purpose of Secure Accommodation Reviews
  2. Timing and Chairing of Secure Accommodation Reviews
  3. Secure Accommodation Review Panel
  4. Following the Review


1. Purpose of Secure Accommodation Reviews

The Purpose of a Secure Accommodation Review is to consider the following:

  • whether the criteria for keeping a child in Secure Accommodation continue to apply, on the day of the review;
  • whether such a placement continues to be necessary and
  • whether or not any other form of accommodation would be appropriate.

See Keyword: Secure Accommodation Order.


2. Timing and Chairing of Secure Accommodation Reviews

Secure Accommodation Reviews must be convened within one month of a child being placed in Secure Accommodation, and then at intervals not exceeding three months.

The review must be chaired by an Independent Reviewing Officer.


3. Secure Accommodation Review Panel

The Secure Accommodation Panel is responsible for listening to the views of those who attend/contribute, and coming to a decision about whether they believe the criteria for secure accommodation are still met. The Panel cannot come to a decision about whether the child should remain or leave secure accommodation; it can only make a recommendation on this to the Designated Manager (Placements in Secure Accommodation)

The Panel consists of three people: a Team Manager or Head of Service who is independent of the line management of the case, the Independent Reviewing Officer (who will Chair the review) and a representative from the an independent advocacy service, for example, The Voice of the Child in Care. However, it is acceptable to conduct the Secure Accommodation Review on the same day as other reviews, so long as they are conducted separately.

The Review can be conducted in one of two ways:

  • in the form of a meeting which everyone attends and may hear the views of the other participants;
  • in the form of the Panel hearing the views of each person, separately.

In any case, the Chairperson must ensure that those who contribute understand the purpose of the Review; which is to consider whether the criteria for keeping a child in secure accommodation continue to apply, on the day of the review.

The Secure Accommodation Panel is responsible for listening to the views of those who attend/contribute, and coming to a decision about whether they believe the criteria are met. Before the review, the Independent Panel Member should meet with the child. The secure unit needs to be made aware of this by the social worker, so that they can facilitate the meeting.

The key questions that must be considered are:

  • Whether the criteria continue to apply on the day of the review, and even if they do
  • Whether the placement in secure accommodation continues to be necessary
  • Whether any other description of accommodation would be appropriate.

In considering these matters the Panel must have regard to the child’s welfare.

Evidence that the criteria was sufficiently met, originally to place the child in secure accommodation is valid; however, where it is proposed that the child remain in secure accommodation, the social worker and secure unit staff must be able to demonstrate that the criteria still apply and that no other description of accommodation would be appropriate, even if the criteria apply.

It is not sufficient, simply, to retain a child in secure accommodation to complete an assessment or treatment programme or whilst other accommodation is sought. Regard must be given to the fact that it is unlawful for the liberty of a child to be restricted unless the criteria are met, no matter how short the period of security.

Having given due regard to the views and contributions of those who attend or were invited, the Secure Accommodation Panel should retire to consider their decision, in private.

Once the Panel has made a recommendation, it should be recorded, together with reasons, and communicated to the other participants at the Review. If the panel recommends that the criteria are not met, this must immediately be reviewed by the Team Manager with the Designated Manager (Placements in Secure Accommodation) and a decision made about whether to accept the recommendation of the panel. If the recommendation of the panel is accepted, it will be necessary to consider the need for an alternative placement. Legal advice should be sought (preferably by way of a Legal Planning Meeting) in coming to this decision. The child must remain in the Secure Accommodation during this process.

Where relevant, a date for the next Review Panel should also be fixed.

If the child requests further explanation, the Chairperson and/or social worker should see him or her immediately after the Review in order to provide this.


4. Following the Review

If the parents are not in attendance, the social worker must take steps to inform them immediately of the outcome of the meeting.

The minutes should be written up and circulated within a week of the review. They need to contain a specific statement confirming or not that the criteria were met. They must be signed by the chair of the panel and the social workers manager. They must be circulated (translated where necessary) to all those invited to the meeting, including the child.

The social worker and their team manager are responsible for implementing and stating their reasons for any action or inaction in response to the decisions.

If the recommendation of the panel is that the criteria no longer apply, this must immediately be reviewed by the Team Manager with the Designated Manager (Placements in Secure Accommodation) and a decision made about whether to accept the recommendation. Legal advice should be sought in coming to this decision.

End