10.2 Secure Accommodation (Criteria) Reviews |
Contents
- The Department’s Duties and the Review Process (Welfare and Justice)
- Procedure for Criteria Review Panel
1. The Department’s Duties and the Review Process (Welfare and Justice)
1.1 | Where a young person is placed in secure accommodation, they become Looked After by the Department, except for those remanded to or sentenced to custody. This does not include young people remanded to our accommodation with a secure requirement. These young people are Looked after. In common with all placements, the Department is required to fulfil their duties with regard to all aspects of their care as laid out in the guidance for residential care, this includes the following:
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1.2 | For Secure Care Placements carrying out regular reviews of the young person’s case must be as follows:
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2. Procedure for Criteria Review Panel
2.1 | If a young person is admitted to secure care via Section 27 of the Children and Young Persons Act under the Secure Accommodation Regulations 2002 Section 7 a Panel must be appointed to review the keeping of the young person in such accommodation for the purposes of securing his welfare. |
2.2 | The Criteria Review Panel comprises an Independent Chair and at least two other members, one of whom will be a representative of Children and Families. |
2.3 | The Social Worker or Team Manager will inform the Chair of the Panel when a young person is admitted to the Secure Care Home. |
2.4 | The Chair calls a meeting of at least two members of the review panel as soon as possible and not more than one month after the young person has been admitted. The Social Worker and Team Manager) attends. |
2.5 | Paperwork on the young person is to be sent to the Chair at least 3 working days in advance of the meeting with copies to the relevant Team Manager and the Head of Statutory Social Work Services. This must include:
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2.6 | Reviews by Criteria Review Panel are to be held within one month of a Secure Accommodation Order and thereafter, at intervals not exceeding three months whilst the young person is in the Secure Care Home. |
2.7 | The Panel will be actively involved in reviewing whether the criteria is still met, whether secure accommodation continues to be necessary or if other accommodation would be more appropriate. |
2.8 | The Panel will, if practicable, ascertain the wishes and feelings of the young person, the parent(s), anyone with Parental Responsibility, other carers, those running or managing the Secure Care Home and any Independent Visitor. |
2.9 | Notes recording the discussions and recommendations of the Panel, including their views as to whether the grounds for secure care are still met, whether it is necessary or whether another type of accommodation would be appropriate and their reasons for taking such views, are recorded by the Chair who will arrange distribution to:
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2.10 | The Panel has no powers as such and the Department may hold a different view but the Department must take into account the Panel’s views in its decision making. It is, however, important in every case to ensure that release is made either immediately or as soon as possible once the criteria are no longer met. Any delay may lead to a breach of Human Rights and be actionable and therefore any delay must be as short as possible. |
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