3.3.5 Secure Accommodation (Criteria) Reviews

SCOPE OF THIS CHAPTER

This procedure applies to children placed in secure accommodation and subject to a Secure Accommodation Order made on welfare grounds or in relation to a child who is remanded to local authority accommodation in criminal proceedings. It does not apply to children in secure accommodation who are detained under Section 53 of the Children and Young Persons Act 1933.

The chapter was revised in July 2009 to confirm that the role of the Secure Accommodation Review Panel is to make recommendation (and NOT a decision) as to the continued placement of the child in secure accommodation.

Purpose of Secure Accommodation Reviews
Timing of Secure Accommodation Reviews
Chairing of Secure Accommodation Reviews
Secure Accommodation Review Panel
Arranging a Secure Accommodation Panel
Invitations
Preparation for Secure Accommodation Reviews
Conducting the Secure Accommodation Review
After the Secure Accommodation Review

1. Purpose of Secure Accommodation Reviews

The Purpose of a Secure Accommodation Review is to consider and make a recommendation as to the following:

Whether the criteria for keeping a child is 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.

2. Timing of Secure Accommodation Reviews

Secure Accommodation Reviews must be convened within 28 days of a child being placed in secure accommodation, and then at intervals not exceeding three months.

These are maximum timescales.

Where it is determined by the social worker and his or her manager that a further application should be made to the Court to keep the child in secure accommodation beyond the expiry of the current Secure Accommodation Order, then the social worker must request that the Secure Accommodation Review Panel meets to consider the application.

3. Chairing of Secure Accommodation Reviews

Secure Accommodation Review Panels, chaired by an Independent Reviewing Officer, will conduct the Reviews. In the event of the unavailability of an Independent Reviewing Officer, a Service Manager who does not have case responsibility will chair the Review and report the outcome to the child's Independent Reviewing Officer as soon as practicable.

4. 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 (Secure Accommodation).

The Panel consists of three people, one of whom must be independent of the local authority and the authority managing the secure unit. The other two people will be an elected member (or if not available, a senior manager of the Children, Young People and Families Directorate but not in line management) and an Independent Reviewing Officer, who will act as Chair (see Section 3, Chairing of Secure Accommodation Reviews).

5. Arranging a Secure Accommodation Panel

Within 3 days of the child’s placement, the social worker, in conjunction with the Independent Reviewing Officer, will be responsible for convening the first Secure Accommodation Review in consultation with the other Panel members and the relevant secure unit. The social worker and Independent Reviewing Officer will convene further meetings in the same way, as required.

The Review Panel will meet at the relevant secure unit.

6. Invitations

Apart from those who form the Secure Accommodation Panel, the following people should be invited:

The child and parent(s)
The child’s social worker and manager
Those who previously have had or may have care of the child upon discharge
The Children’s Guardian
The child’s Independent Visitor or Advocate
The Lead Social Worker for the child from the Secure Unit

The social worker should send written invitations to all those invited including the parent(s) and the child, and will also send a written guide to the child and written confirmation of the date of the review to the secure unit.

7. Preparation for Secure Accommodation Reviews

Prior to the Secure Accommodation Review, the social worker will ensure the following is undertaken:

The social worker has prepared an up to date Care Plan and Report for the review.
The child and parent(s) are clear about the purpose of the Secure Accommodation Review and are given adequate support to prepare for it, which may include arranging for an advocate to assist them particularly where the child is under 13, or has special needs or requires extra support. The social worker should go through the written guide with the child and the contents of the Report and proposed Care Plan.
Arrangements have been made for the staff in the secure placement to prepare a report, taking account of the progress made with the child and stating their view as to whether the criteria still apply and whether any other description of accommodation would be appropriate rather than remaining in secure accommodation.

The social worker should send his or her Report, together with the proposed Care Plan, to the secure unit and to the Independent Reviewing Officer and other Panel Members at least one week before the Review date.

The Independent Reviewing Officer will make the necessary arrangements for the Panel members to travel to the review. The social worker should make the arrangements for him/herself and the parents.

8. Conducting the Secure Accommodation Review

The Secure Accommodation Review does not take the place of a Looked After Review or other review; it is distinctly different.

However, it is acceptable to conduct the Secure Accommodation Review on the same day as other reviews, including the Looked After Review. In all cases, the outcome of the Secure Accommodation Review must be reported to the Looked After Review.

The Panel will conduct the review by meeting people separately in the following order:

The child (accompanied by his or her Advocate where appropriate)
The parent(s)
The key worker from the secure unit
The social worker and team manager

In all cases, the Panel Chairperson must ensure that those who contribute understand the purpose of the Review; which is to consider and make a recommendation as to whether the criteria for keeping a child is 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 recommendation about whether they believe the criteria are met.

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.

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.

Once the Panel has made a recommendation as to the child's continued placement in secure accommodation, it should be recorded, together with reasons, and communicated to the participants at the Review. The recommendation may be accompanied by other recommendations on related issues, for example as to mobility and visiting arrangements.

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

The social worker will be told the Panel's recommendation and will immediately arrange to see the child to explain the recommendation to him or her.

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

All communications should be confirmed in writing.

Minutes will be prepared by the Independent Reviewing Officer and sent to the social worker for circulation to all participants and those who were invited but unable to attend.

9. After the Secure Accommodation Review

The recommendation of the Panel will be submitted immediately to the Designated Manager (Secure Accommodation) for consideration and decision as to the future placement of the child.

The social worker will be notified of the decision and will immediately arrange to see the child to explain the decision to him or her.

The social worker will also inform all those whose views have been taken into account of the outcome of the Review, what action, if any, the local authority proposes to take in relation to the child in the light of the Review, and their reasons for taking or not taking such action.