Secure Accommodation Review Panel Procedure

The Purpose of a Secure Accommodation Review Panel, sometimes called a ‘criteria review’, is quite specific.

It is to assess whether secure accommodation continues to be necessary under the Children (Guernsey and Alderney) Law 2008: Section 69.

The Law directs that the Juvenile Court shall make a secure accommodation order in respect of a child if it is satisfied that

1. The child – (i) has a history of absconding and is likely to abscond from accommodation, which is not secure accommodation, and (ii) if he/she absconds, is likely to suffer significant harm; or
2. If the child is kept in any accommodation which is not secure accommodation, he/she is likely to injure himself or other persons.

Where a child has been made subject to a secure accommodation order for a continuous period exceeding 8 days, HSC* the [Committee] shall convene the Secure Review Panel ("the Panel") to which it will appoint at least three persons, one of whom must be independent of the [Committee].

When reviewing the placement of the child, the Panel shall consider if:

• The criteria for keeping the child in secure accommodation continue to apply; and
• The placement in such accommodation continues to be necessary; and
• If any other description of accommodation would be appropriate for the child, and in so doing shall have regard to the welfare of the child whose case is being reviewed.

There are separate and different processes for reviewing a child’s case if they are remanded to secure accommodation by the courts or detained under Mental Health Law.

The Panel will review the placement of the child in secure accommodation

• If the child is placed within the Bailiwick, within 14 days and then at intervals not exceeding 28 days (if the child continues to be placed in such accommodation); and
• If the child is placed outside the Bailiwick, within 28 days and then at intervals not exceeding 3 months (where the child continues to be kept in such accommodation).

The HSC Safeguarding Unit will organise the Secure Accommodation Review Panel.

However, it is the responsibility of the child’s social worker to notify the Safeguarding Unit that a review panel is required. The Panel will be chaired by the Service Manager, Safeguarding Unit and will comprise of another manager within Children & Family Community Services independent of the management of the case, or an IRO and an independent person.

The child's social worker should attend the panel, with the Secure Unit Manager and Keyworker, Child's Independent Advocate. The Social Worker is expected to provide the Chair of the first review panel with a social work report, care plan, the original court report and a Chronology of events prior to placement in secure accommodation.

At subsequent panels the social worker should provide an updated Chronology, which can include incidents prior to becoming subject to a secure accommodation order if these incidents are considered relevant for the panel.

The child's permission will need to be sought in order to share Court papers with the Independent Advocate who sits on the Panel.

When organising the secure review panel, the Safeguarding Unit will request that the secure unit provide reports relating to the child's emotional well-being, behaviour and progress on the unit, their progress in school and any information relating to therapeutic input.

The Unit will request this documentation be sent to the Chair of the Secure Review Panel 5 days before the meeting.

The Chair will then ensure this information will be disseminated to other panel members 3 days before the review.

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 Associate Director, Children & Family Community Services.

As identified above, The Panel will consist of the Chairperson and two other people, one of whom will be independent of HSC Children’s Services and the secure unit.

In undertaking the review, the Panel members shall, if practicable, ascertain and take into account the wishes and feelings of:

• The child;
• Any mother or father of the child;
• Any person not being a parent of the child but who has parental responsibility for them, and
• Any other person who has had care of the child whose views, in the opinion of the members, should be taken into account.

If the Panel determines that the criteria no longer apply for the child to be subject to a secure accommodation order the child must be:

• Discharged from secure accommodation within 24 hours (or 48 hours if placed outside the Bailiwick); or
• The matter returned to court on the next working day.

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 (appendix 1).

The Review Panel will meet at the relevant secure unit or the Safeguarding Unit as 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.

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 the child’s guardian and the provider of the secure accommodation;
• Notify the parent/s and those with parental responsibility and any other relevant persons that the Secure Review Panel will be taking place;
• 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 contribute their comments and views to the review either via written submissions, via the social work report or in person should they wish to attend;
• 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 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.

The Secure Accommodation Review does not take the place of a Looked After Review, it is distinctly different. This should be made clear to all concerned; even if for practical reasons it is necessary to hold another meeting on the same day. It is important that the SAR is held first, so that the decision can inform any LAC or other review or planning meeting that may follow. It would obviously be unwise to formulate a LAC care plan and then see a review Panel make a decision which could render it instantly untenable.

In all cases, the outcome of the Secure Accommodation Review must be reported to the Looked After Review.

The Secure Accommodation Review Panel will consider the social worker's report, chronology, where required, the CHAT, 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;

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 are met.

The key questions that must be considered are:

• Whether the criteria continue to apply on the day of the review, and even if they do;
• Whether the placement in secure accommodation continues to be necessary;
• Whether any other description of accommodation would be appropriate.

In considering these matters, the Panel must have regard to the child's welfare.

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 recorded, together with reasons, and communicated to the 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.

The recommendation of the Panel will be submitted immediately to the Associate Director, Children and Family Community Services for consideration and decision as to the future placement of the child.

If not present, the IRO should be advised of the outcome of the Secure Accommodation Review.

The social worker will be notified of the decision and will immediately arrange to see the child to explain the decision to him or her.

The social worker will also inform all those whose views have been taken into account of the outcome of the Review, under subsection (4), what action, if any the Committee proposes to take in relation to the child in the light of the Review, and their reasons for taking or not taking such action.

All communications should be confirmed in writing.

Appendix 1: Secure Accommodation Review Panel

Appendix 2: Social Work Report for Secure Accommodation Review