Secure Accommodation (Criteria) Reviews

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

The Secure Accommodation Panel should be chaired by a person independent of the care planning for the child, including line managers and the Independent Reviewing Officer. Given the need to focus on the Section 25, Children Act 1989 criteria issues, the chair should also be independent of any resource allocation, etc. but have sufficient experience and knowledge to carry out the task.

4. Secure Accommodation Review Panel

The Secure Accommodation Panel is responsible for listening to the views of those who attend/contribute, and coming to a decision about whether they believe the criteria for secure accommodation are still met. The Panel cannot come to a decision about whether the child should remain or leave secure accommodation; it can only make a recommendation on this to the Designated Manager (Secure Accommodation).

The Panel consists of the Chairperson and two other people, one of whom will be independent both of the local authority and the authority managing the secure unit. 

An IRO may sit as one of the other two Panel members (not as part of the IRO function), paragraph 4.14 IRO Handbook.

The make up of the Panel should seek to be sensitive to issues that may be relevant to the child, e.g. ethnic background and gender.

Chair - Independent Reviewing Officer (IRO), An IRO from the Responsible Care Authority who has not been involved with the young person through either the looked after review system or child protection system, will liaise with all professionals. Given the need to focus on the Section 25, Children Act 1989 criteria issues, the chair should also be independent of any resource allocation, etc. but have sufficient experience and knowledge to carry out the task.

Independent Reviewing Officer, from the Responsible Care Authority who has not been involved with the young person through either the looked after review system or child protection system, will liaise directly with birth parents or carers and ensure recording is placed on the young person's electronic case record.

Independent Reviewing Officer, appointed through an independent commissioned service will liaise directly with the young person and ensure the completion of the record of contact (See Local Resources). This will be made available to the minute taker for electronic storage to the young person's electronic case file.

Whenever possible, the makeup of the Panel should seek to be sensitive to issues that may be relevant to the child, e.g. ethnic background and gender.

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 Panel Chair, in conjunction with the young person's social worker, will ensure the following are invited to attend:

• The young person;
• Parent or person with parental responsibility for the young person;
• Any other person who has had the care of the young person, whose views the panel consider should be taken into account;
• The young person's independent advocate, if one has been appointed;
• A representative from the local authority managing the secure accommodation in which the young person is placed if that authority is not the Responsible Care Authority that is looking after the young person;
• The young person's social worker;
• The young person's Children's Guardian (where appropriate);
• Secure unit staff;
• A member of the Youth Offending Service (where appropriate).

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 chair is responsible for ensuring that the criteria for the secure order are met in full and that the legal order made by the court is secured on the young person's electronic case record. The chair will also undertake a secure review under those regulations, having regard to the reviewing process.

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.

The Criteria Review must be formally minuted.

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 Criteria 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.

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.

Decision making

The Chair will inform all relevant parties as defined by Regulation 16 (2) as to the outcome of the Secure Review Panel:

• The young person;
• Parent/s of the young person;
• Any other person with parental responsibility;
• Any other carer who has been consulted;
• An appointed advocate;
• The registered manager of the secure accommodation;
• Social Worker with case accountability; and
• Any other participants at the Secure Review.

If the decision is that the criteria continue to be met and that the young person is to remain in secure accommodation, a date and time will be set for the next review, within three months. The same panel members would be preferable.

If the decision is that the criteria are not met, the Responsible Care Authority should consider the recommendations and decide, at directorate level, their response and future action.

If the conclusion of the Review Panel is that the criteria for restricting liberty no longer apply, the placement is no longer necessary or other accommodation is appropriate, the Responsible Care Authority must immediately consider a review of the young person's placement.

Please note it is the review of the placement that must take place immediately, not the movement of the young person. The young person should be prepared and moved in a fashion convenient with his or her understanding and good practice, though undue delay will not be acceptable.

If the panel is not able to reach a unanimous decision the majority decision will be presented to the meeting by the panel Chair; any dissent will be recorded.

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.

9. Practice Guidance

Planning a secure accommodation review

These guidelines provide a best practice framework for the planning and conduct of a Secure Review.

Guidelines for person planning a secure accommodation review – Social Worker

As soon as the secure accommodation order is obtained, start planning the review (the local authority only has 20 working days).

The review should be held in the residential establishment to ensure that the young person can attend.

Contact the secure unit to see if they have any special arrangements regarding review panels (e.g. meetings to be held on particular day of the week).

Contact the IRO Manager from the Responsible Care Authority, who will identify the Panel members. Identify who will be the Chairperson and who will be the independent Person.

The Panel should reflect a mix of race and gender, where appropriate and none of the Panel members should have had a significant involvement in the placement decision.

Discuss the format of review with the Chair and ensure you understand the agenda.

Confirm the date and time in discussion with the Chairperson, the young person's parents/those with parental responsibility and any other people to be invited.

Ensure involved professionals are aware of the need to provide reports preferably a week before the meeting and of the timescale for the circulation of reports a minimum two working days prior to the secure review.

Make sure that the establishment will make arrangements for participants to be welcomed when they arrive, make sure there is somewhere for them to wait, that a meeting room is available and that refreshments are available if appropriate.

Guidelines for the Chairperson

Having agreed a date and time for the Secure Review with the Social Worker, The Chairperson will send out letters (See Local Resources) which includes:

• A list of those invited to attend the meeting and the names of the panel members;
• Confirm the date, time and venue;
• Inform those attending of the format of the meeting and agenda;
• Arrange for a minute taker;
• Ask for written reports to be provided a week before the review and ensure that the author of the report has shared their report with the young person and parent(s)/those with parental responsibility;
• When the reports arrive, clarify any arising issues and circulate to all parties. This will allow for preparation by all parties and mean that the meeting should run more smoothly;
• If reports arrive too late to be circulated time should be built into the review for these to be read.

Role of the second IRO from the responsible authority

They should make every effort to seek the views of parents, persons with PR, persons having had care of the young person and the Children's Guardian.

Role of the IRO independent of the Local Authority

The independent person will see the young person preferably at least two days before the review to ascertain the Young Person's views.

They will provide the review with a written record of the young people's views.

They will ensure clarity around whose responsibility it is to prepare the young person for the review – the social worker or the key worker in the unit.

And confirm that NYAS representatives (if appropriate), who visit the unit, clarify with the young people that they are aware of the review and offer to support the young person to attend if appropriate.

Reports to be made available to the panel

All reports for the review panel should be shared with the young person and parents/ those with parental responsibility TWO days in advance of the meeting, by the author of the report

Social Work Report - Report to include:

A copy of the original report to court.

A chronology, which will include the background as to why the young person is in secure accommodation and a view on whether s/he should remain there.

The exit plan, which will include the circumstances in which the young person may be allowed greater freedom, including transfer to a more open unit and the phased nature and timing of such increases in freedom; known as mobility.

Report from the secure accommodation provision - A report from the secure unit should cover:

• Profile of the young person on admission to the unit;
• The programme offered by the unit to the young person, which should highlight the elements of the programme agreed by the Responsible Care Authority in the pre-admission/planning meeting and which should include details of contact arrangements with family/friends;
• The young person's response to the programme, which should describe how the young person has responded to the agreed programme, including the educational aspects;
• The use of sanctions and measures of control; particular reference should be made to the outcomes of work addressing those behaviours that provided grounds for the Section 25 Order;
• The young person's current presentation, emotional and behavioural, in relation to the criteria for restricting liberty as detailed in Section 25 - Children Act 1989;
• Details of the planned mobility programme;
• The need for and appropriateness of placement in secure accommodation, taking into account the young person's welfare. This section should discuss within the context of the criteria and the young person's welfare, whether the placement at the secure unit remains necessary or whether some other form of accommodation would be more appropriate (this information may need to be updated at the meeting);
• Analyses and recommendation: this section should provide a clear recommendation, which can be tested against the criteria.

A report from the psychiatrist/psychologist, if available

A Report from the Child/Young Person

The young person should be encouraged to make either a written or verbal contribution.

Meeting Structure

On the basis of the information contained within the reports and through any other communication with parties involved, the Chair will determine an appropriate structure for the review:

• A single meeting attended by all relevant parities; or
• A process of meetings which would include all of the Review Panel Members and the young person.

Meeting Process

A list of panel members should be provided to all participants with clear reasons for their attendance. The Chair should ensure that all the panel members introduce themselves by name, position and role.

All panel members will have seen any reports to be presented to the panel in advance of the panel review.

The Chair will set out the purpose and structure of the panel review and clearly identify which secure accommodation criteria the panel will be testing (i.e. welfare or criminal).

Evidence should be presented by the Social Worker and representative(s) of the secure accommodation. These will include a school report from the education unit and a report from care staff. There may also be psychiatric or psychological reports.

Where the young person is on remand a chronology of previous offending history and outstanding charges will be provided by the Youth Offending Service

The young person and/or his/her representative will be given ample opportunity to present their views on whether the secure order should continue.

The social worker and representative of the secure unit will be asked to summarise the evidence they have presented.

A representative will summarise the young person's views, if appropriate

The principles of the Children Act 1989 welfare checklist should be considered by all panel members in the review. In making a decision about a child/young person's welfare consideration must be given to:

• The wishes and feelings of the young person (with due regard given to his or her age and level of understanding);
• The physical, emotional and educational needs of the young person;
• The effect on the young person of any changes in their circumstances;
• The young person's age, gender identity, background and other relevant factors such as race, culture, language and religion.

The young person should always have an input into the review and should be encouraged to put something in writing to go alongside the other reports. They should be informed of their right to independent representation and i.e. advocate arrangements should be made to enable a briefing to take place before the meeting and de-briefing afterwards.

The original criteria for securing the young person will be considered alongside current evidence.

After hearing all contributions the Panel will retire to consider the presented information. Upon return The Chair will sum up, in language that the young person can understand, the decision of the Review Panel.

The Chair will outline how recommendations from the secure review will be tracked. There is an expectation that the Social Worker and the accommodation provider will provide written reports to the Chair six weeks after the secure review, for consideration by panel members.

Six weeks after the secure review panel the Chair, after consideration of the written reports and in consultation with panel members, will undertake mid-way monitoring to track the progress of the recommendations. The outcome of this monitoring contact will inform the timing of the next secure review and will be recorded by the Chair on the young person's e case record and shared with the allocated IRO.

After the review meeting

The Social Worker will inform their Manager of the Panel recommendations immediately following the secure review meeting.

The minutes will be written up within 5 working days of the meeting and will contain a specific statement confirming whether the criteria for secure accommodation were met or not. They will be signed by the Chair and circulated to all those invited, including the young person and the line manager of the social worker.

If the decision is that a young person is to remain in secure accommodation a date for the next review should be set, preferably with the same Panel in attendance. This review must be held within three months.

If the Responsible Care Authority does not uphold the panel decisions they should provide a written response to all relevant parties outlining their reasons for such actions.

If there is disagreement the Chair should raise the matter with the Independent Reviewing Manager and consider accessing independent legal advice.

The Head of Service for the Responsible Authority should ensure that there is clear recording, about the identified differences of opinion, in the young person electronic case record. The Head of Service should also ensure that the Young Person's LAC IRO is aware of the situation.