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

Annex 1: Outline of the Decision Making Process

1. Children's hearing makes a compulsory supervision order (CSO) with a secure accommodation authorisation (SAA).

2. The child or a relevant person can appeal within 21 days of the decision to the sheriff against the decision of the children's hearing or the CSWO. This appeal will be heard within 3 days.

3. CSWO implements CSO to place young person in named residential establishment and considers implementation of the secure authorisation.

4. CSWO may only implement the secure accommodation authorisation with the consent the head of establishment (head of unit) of the residential establishment containing secure accommodation.

5. In determining whether to implement or not the secure accommodation authorisation the CSWO must consult with the child, each relevant person in respect of the child and the head of unit. The outcome of these consultations must be recorded.

6. In determining whether to implement or not the secure accommodation authorisation the CSWO must assess whether the conditions specified in 83(6), 87(4) or 88(3) of the Act continue to apply in respect of the child; whether placement in secure accommodation would be in the child's best interests and must take into account the decision to make the relevant order or warrant referred to in section 151(2) of the 2011 Act and the reasons for that decision.

7. The CSWO has 72 hours from receiving the decision to make the relevant order or warrant referred to in section 151(2) of the 2011 Act to reach a decision about whether or not to implement the secure accommodation authorisation, to record this decision and to notify the child taking account of their age and maturity, each relevant person in respect of the child, the head of the unit, and the Principle Reporter. If the decision of the CSWO is to not implement then the SAA falls.

8. The CSWO must record in writing - the decision, the reasons for reaching that decision and the information obtained in carrying out the consultation requirements.

9. The head of the unit has 48 hours from receiving notification of the chief social work officer's decision to send written notification of their decision and reasons for reaching that decision.

10. The child and each relevant person have the right to request a review of a decision not to implement a secure accommodation authorisation within 72 hours of notification of the decision. They may also request a review of a secure placement.

11. CSWO review process - The CSWO's decision to implement the SAA will be under continual consideration. The CSWO will formally review the child's placement in secure accommodation within seven days of the placement and thereafter at least monthly. The reviews will have regard to the decision criteria. The CSWO will notify the relevant parties of the formal review and the outcome.