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Contents

1. Purpose of Secure Accommodation Reviews
2. Timing of Secure Accommodation Reviews
3. Chairing of Secure Accommodation Reviews
4. Secure Accommodation Review Panel
5. Arranging a Secure Accommodation Review Panel
6. Preparation for Secure Accommodation Reviews
7. Conducting the Secure Accommodation Review
8. After the Secure Accommodation Review
   
   Appendix 1: Social Work Report for Secure Panel

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 (see Placements in Secure Accommodation on Welfare Grounds Procedure, Secure Accommodation Criteria);
• Whether such a placement continues to be necessary; and
• Whether or not any other form of accommodation would be appropriate.

There are separate and different processes for reviewing a young person’s case if they are remanded to secure accommodation by the courts or detained under the Mental Health Act.

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.

Where it is determined by the social worker and their 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 will be chaired by the Service Manager for Safeguarding (who in exceptional circumstances will delegate to another manager with appropriate experience and independence).

4. Secure Accommodation Review Panel

An independent panel must be set up to review whether the criteria remain met within one month. This is in addition to the Child in Care Planning Process, which must also occur in this setting such as Care Planning Meetings, Statutory Reviews and ensuring the child is visited as a minimum within the statutory visiting frequency guidelines.

The social worker must inform the Safeguarding Unit Service Manager within one day of the order being granted so that arrangements for the panel are agreed.

The panel must consist of three independent persons. This will include, the Service Manager for Safeguarding who will chair all secure reviews or in exceptional circumstances will delegate to another manager with appropriate experience and independence, a person from an outside agency and an Elected Member with Children’s Portfolio. Where an elected Member with Children’s Portfolio is not available then this role maybe delegated to another suitable and experienced Member. The Safeguarding Unit will be responsible for agreeing the panel membership.

The first review of the secure order must take place within one month of placement commencing. The Social Worker must agree the date of the Review with the Safeguarding Service Manager and all other invitees.

The Safeguarding Unit will then arrange the meeting and send invitations.

A report must be provided by the social worker for the review clearly outlining why the criteria for the order is still met (see Appendix 1: Social Work Report for Secure Panel).

The secure accommodation order is a permissive order. Therefore if the child is considered, at any point, within the period defined by the order, to no longer meet the eligibility criteria, the child must be released immediately and the service Manager for Safeguarding notified.

In reaching the decision as to whether the criteria for a secure order remain met the Chair of the panel must have regard to the views and wishes of:

• The child;
• Their parent;
• Any other person with Parental Responsibility;
• The child’s Independent Advocate;
• Views of the Secure Unit in which the child is placed;
• The Child’s Guardian;
• Any other person who has had care of the child;
• Legal advice where appropriate;
• YOS worker where appropriate.

If the review panel conclude that the criteria for keeping a child in secure still apply, the Local Authority must then consider requesting the court to make a further Secure Accommodation Order.

The Service Manager for Safeguarding must notify the DCS of this decision in writing with the panel conclusions within two days.

An extension to a Secure Accommodation Order can only be made by agreement from the DCS.

Should the Review Panel come to the conclusion that the criteria for keeping a child in secure accommodation no longer exists, the expectation is that the Local Authority would respond positively to this outcome, or where it does not provide an explanation of the reasons why. (LAC (92) 13).

This decision will be escalated to the DCS by the Safeguarding Service Manager on the day of the review for action.

The child cannot be kept in secure accommodation because the Local Authority is unable to find an alternative placement, and this should not be a factor in reaching a decision as to whether the criteria still apply.

5. Arranging a Secure Accommodation Review Panel

Secure Accommodation Reviews will be convened in the same way as Looked After Reviews.  Notification will be sent to the child's social worker, Panel members and the relevant secure unit. An agenda and criteria to be considered at the review will be sent.

The Review Panel will meet at the relevant secure unit.

The Secure Accommodation Review is separate to a Looked After Review and is not a substitute for it. It must be held first, so the recommendations and subsequent decisions made can inform the Looked After Review.

6. Preparation for Secure Accommodation Reviews

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

• A report for the Review is prepared, which has been endorsed by their manager and incorporates the views of all those consulted about the placement (see Placements in Secure Accommodation on Welfare Grounds Procedure, Consultation), the Children's Guardian and the provider of the secure accommodation;
• Written invitations are sent to the parent and those with Parental Responsibility, and any other persons whose attendance is agreed;
• The child and parent(s) are clear about the purpose of the Secure Accommodation Review.  The social worker should go through the contents of the Report and proposed Care Plan with them;
• The parents and child are given adequate support to prepare for the Review, which may include arranging for an interpreter and/or advocate to assist them;
• The secure unit is aware of the Review date and 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 for secure accommodation (see Placements in Secure Accommodation on Welfare Grounds Procedure, Secure Accommodation Criteria) still apply and whether any other description of accommodation would be appropriate rather than remaining in secure accommodation.

The social worker should ensure that their Report is circulated to the secure unit and to the Panel Chairperson and other Panel Members at least one week before the Review date.

7. Conducting the Secure Accommodation Review

The Secure Accommodation Review, and the Panel’s members, must focus on the questions and issues around the criteria for secure accommodation (see Section 1, Purpose of Secure Accommodation Reviews) within the context of the child’s specific circumstances.

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

Nevertheless, the Secure Accommodation Review does not take the place of a Looked After Review; it is distinctly different.

In all cases, the outcome of the Secure Accommodation Review must be reported to the Looked After Review.

The independent Panel member should see the young person before the Secure Accommodation Review.

The Secure Accommodation Review must be formally minuted.

The Secure Accommodation Review Panel will consider the social worker's report, the notes and decisions of the most recent Looked After Review and the views of the following:

1. The child, the parent(s) and those with Parental Responsibility;
2. The child's social worker and manager;
3. Those who previously have had or may have care of the child upon discharge;
4. The Children's Guardian;
5. The child's Independent Visitor and/or advocate;
6. The Link/Keyworker for the child from the Secure Unit together with other services provided by the Secure Accommodation, e.g. Education and Health and feedback with regard to the young person’s mobility plan;
7. Any specialist assessments that may have been commissioned e.g.: psychological;
8. The local authority managing the secure accommodation in which the child is placed if different to the placing authority;
9. The Review Panel is responsible for listening to the views of those who contribute, and coming to a recommendation about whether they believe the criteria for secure accommodation (see Placements in Secure Accommodation on Welfare Grounds Procedure, Secure Accommodation Criteria) are met.

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 communicated to the young person and other 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.

Minutes will be prepared and sent to all those in attendance.

8. 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 IRO should be advised of the outcome of the Secure Accommodation Review.

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.

The minutes of the Secure Criteria review should be completed as soon as possible and within one month of the Criteria review. They should detail the reasoning behind the decision.

It should be borne in mind that the Agency Decision Maker, the Children’s Guardian and /or the court may need to have the minutes as evidence for decision - making.

If the Panel concludes that the criteria for restricted liberty no longer apply, the placement is no longer necessary or another type of placement would be more appropriate, the local authority must immediately review the child’s placement (paragraph 4.14 IRO Handbook) and effect the ‘exit‘ or contingent plan.

Appendices

Click here to view Appendix 1: Social Work Report for Secure Panel.

End