Good Practice Guidance - Implementation of Secure Accommodation Authorisation (Scotland) Regulations 2013

1.1

In 2009 the Scottish Government, in response to the findings of the 'Securing Our Future Initiative' (SIRCC 2009), outlined the following vision for the future of secure accommodation in Scotland:

• Our ultimate ambition must be to have no child in Scotland in secure care and we must actively work to reduce the need for secure care.
• Every child in Scotland should get the best start in life and the right help when they need it in order to prevent risks turning into poor outcomes.
• Where it is possible to meet the needs of high-risk young people safely and cost effectively in their communities, then these opportunities should be maximized.
• For the very small number of children whose needs can only be met in secure care, then we have to provide a high quality and nurturing environment that addresses their needs.
• A placement in secure care must be part of a planned journey through the care system (Scottish Government 2009, pg. 1).

1.2

The aim of the Children's Hearings (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013 (the Regulations) is to ensure that the process around the placement of a child in secure accommodation is fair, transparent and in the best interests of the child. It is expected that through the implementation of these regulations the rights of the child within the secure accommodation decision making process will be strengthened and that decision making practice will become more standardised and consistent throughout Scotland.

1.3

Having more robust procedures around the implementation of secure authorisations is crucial to ensuring that secure accommodation is used only when absolutely necessary. Depriving a child of their liberty infringes on one of their most fundamental human rights and impinges on associated rights to freedom of association and family life. For this reason any decision to place a child in secure accommodation can only be justified because it is in their best interests and/ or because it will protect the rights of others^[1].

1.4

Sections 83(6), 87(4) and 88(3) of the Children's Hearings (Scotland) Act 2011 (the 2011 Act) specify the conditions which must be met in order for a Children's Hearing to authorise the use of secure accommodation.

These conditions are:

(a) that the child has previously absconded and is likely to abscond again and, if the child were to abscond, it is likely that

the child's physical, mental or moral welfare would be at risk,

(b) that the child is likely to engage in self-harming conduct,

(c) that the child is likely to cause injury to another person.

The 2011 Act specifies that one or more of these conditions must be met to authorise the use of secure accommodation.

1.5

The 2011 Act further specifies under section 83(5)(a), section 87(3)(a), and section 88(2)(a) that a compulsory supervision order, medical examination order, or a warrant to secure attendance may include secure authorisation only if the residential establishment where the child should be placed is named in the order. This should encourage good practice in collaborative decision making because it will be necessary for social workers or other lead professionals who are recommending a secure accommodation authorisation to a children's hearing or sheriff to investigate the options for secure placement and discuss these with a named unit and the chief social work officer prior to seeking a secure accommodation authorisation.

1.6

Some local authorities will continue to make use of secure referral groups or screening panels to support referring social workers or other lead professionals to identify resources and developing care plans for children who may need placement in a secure setting or alternative provision, such as movement restriction conditions. Experience from practice suggests that this is a useful way to ensure that secure accommodation authorisations are only sought when all other alternatives have been considered. The 2011 Act also places a duty on the chief social work officer under section 151(4) to remove the child from secure where it is no longer necessary for the child to remain there. This will help to ensure that children are not being kept in secure accommodation longer than is necessary to promote their best interests.

1.7

Sections 83(5)(c), 87(3)(c) and 88(2)(c) of the 2011 Act specifies that the children's hearing or the sheriff may only make a secure accommodation authorisation if -

Having considered the other options available (including a movement restriction condition) the children's hearing or, as the case may be, the sheriff is satisfied that it is necessary to include a secure accommodation authorisation in the order.

For this reason it is also important that social workers or other lead professionals who are recommending the use of secure accommodation can demonstrate the range of other options that have been considered and ruled out before they make a recommendation of secure accommodation authorisation.

1.8

Once the children's hearing (or the sheriff) makes a compulsory supervision order with a secure accommodation authorisation [section 83(6)], an interim compulsory supervision order [section 86], a medical examination order [section 87(4)] or a warrant to secure attendance [88(3)], it is then necessary under Section 151(3) of the 2011 Act for the chief social work officer to come to a decision about the implementation of the secure accommodation authorisation. The Regulations specify what steps must be taken by the chief social work officer, head of the secure establishment and Principle Reporter when a secure accommodation authorisation is, or is not, going to be implemented. The Regulations also detail the steps a sheriff must take if there is an appeal against the decision of a chief social work officer.