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

3.1

A chief social work officer may decide not to implement a secure accommodation authorisation for a variety of reasons. These reasons may include:

• that the child no longer meets the conditions laid out in sections 83(6), 87(4) and 88(3) of the 2011 Act,
• that the placement in secure is not in the best interest of the child,

It would also be good practice for the chief social work officer to consider if she/he is satisfied that all other available options have been considered.

3.2

A chief social work officer may also fail to come to a decision within 72 hours of receiving the decision to make the relevant order or warrant referred to in section 151(2) of the 2011 Act and this triggers the same procedures.

3.3

Reg 7(1),

(2)&(5)

The child and each relevant person in respect of the child have the right to request a review of a decision not to implement a secure authorisation. They must do this within 72 hours of receiving notice of the decision from the chief social work officer or within 72 hours of the decision not being made. The chief social work officer should ensure that the notification of a decision not to implement informs the child and the child's relevant person of their right to request a review.

3.4

Reg 7(3)&

(4)(b)

Where the chief social work officer receives a request for a review they must carry out this review within 72 hours of receiving the request and in the same manner as other reviews, ensuring they consult with the child, each relevant person in respect of the child and the head of the unit and conduct a full assessment.

3.5

Reg 7(4)(c)(i) and (ii)

As with previous decisions, the chief social work officer must record the information obtained in the review. They must also record the decision, and the reasons for reaching that decision, on whether the child should be placed in secure accommodation.

3.6

Reg 7(4)

(d)(i)-(iv)

The chief social work officer must also notify

(i) the child where, taking account of the child's age and maturity, the chief social work officer considers that the child is capable of understanding the effect of the decision;

(ii) each relevant person in respect of the child;

(iii) the Principal Reporter; and

(iv) the head of unit

3.7

Reg 6

Reg 8(1)

As has already been outlined in para 2.3.11, the head of the unit must make their own decision about whether or not to consent to the placement of a child in their secure unit. A chief social work officer may decide to implement a secure authorisation, while the head of unit makes a decision not to consent to the placement of the child in secure accommodation. The consent of the head of the unit is only necessary when a compulsory supervision order interim compulsory supervision order, a medical examination order, or a warrant to secure attendance which includes a secure accommodation authorisation has been made.

3.8

Reg 8(3)

Reg 8(2)

Reg 9

If the head of the secure unit decides not to consent to the placement, the chief social work officer has 48 hours to notify the Principal Reporter about the head of unit's decision not to consent. However, if the interim compulsory supervision order or the medical examination order expires before the 48 hour period the chief social work officer does not need to notify the Principal Reporter. On receiving this notification the Principal Report has a duty to arrange a children's hearing for the purposes of reviewing the relevant order and the children's hearing must take place no later than 3 working days after the notice is received by the Principal Reporter

3.9

Reg 9(3)

The children's hearing may vary the compulsory order, interim compulsory supervision order or medical examination order but only by varying or removing the secure accommodation authorisation.