Secure Accommodation (Criteria) Reviews

1. Purpose of Secure Accommodation Criteria Panel

The Purpose of a Secure Accommodation Criteria Panel is to consider the following:

1. Whether the criteria for keeping a child in secure accommodation continue to apply, on the day of the review (see Placements in Secure Accommodation Policy, Secure Accommodation Criteria);
2. Whether such a placement continues to be necessary; and
3. Whether or not any other form of accommodation would be appropriate.

2. Timing of Secure Accommodation Criteria Panel

A Secure Accommodation Panel must be convened within 28 days of a child being placed in secure accommodation, and then held at intervals not exceeding 3 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 Criteria Panel meets to consider the application.

3. Chairing of Secure Accommodation Criteria Panels

The Secure Accommodation Criteria Panel should be chaired by a person independent of the care planning for the child, including line managers and the child's named Independent Reviewing Officer (IRO). 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 Criteria Panel

The Secure Accommodation Criteria 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 (Panel of 3), one of whom will be independent both of the Local Authority/Trust and the authority managing the secure unit. It is usual that this person will be sourced from Coram Voice or National Youth Advocacy Service (NYAS).

The other 2 Panel members should be from within the Trust, with no connection to the Trust's involvement with the child, and should be suitably experienced and knowledgeable to participate in the work of the Criteria Panel, such as a Team Manager.

An IRO may sit as one of the other two Panel members (not as part of the IRO function), so long as s/he is not the named IRO for the child, paragraph 4.14 IRO Handbook.

5. Arranging a Secure Accommodation Review Panel

Secure Accommodation Criteria Panels should be arranged by the case holding social worker and team manager and Panel members for this Panel should be sourced by the case holding social worker and team manager

The IRO Service can be approached by social work team about the availability of an IRO to be part of, or chair, the panel.

The social worker when panel is confirmed should forward notification to the, Panel members and the relevant secure unit. An agenda and criteria to be considered at the Panel will be sent.

The Criteria Panel will meet at the relevant secure unit.

6. Preparation for Secure Accommodation Criteria Panels

Prior to the Secure Accommodation Criteria Panel, the social worker will ensure the following are undertaken:

• A report for the Criteria Panel is prepared, which has been endorsed by their team manager and incorporates the views of all those consulted about the placement (see Placements in Secure Accommodation Policy, 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 Criteria Panel. 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 Panel, which may include arranging for an interpreter and/or advocate to assist them;
• The secure unit is aware of the Criteria Panel 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 Policy, 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 1 week before the Review date.

7. Conducting the Secure Accommodation Criteria Panel

The Secure Accommodation Criteria Panel, 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.

Nevertheless, the Secure Accommodation Criteria Panel does not take the place of a  Child in Care Review; it is distinctly different.

In all cases, the outcome of the Secure Accommodation Criteria Panel must be reported to the Child in Care Review.

The independent Panel member should see the young person before the Secure Accommodation Criteria Panel.

The Criteria Panel meeting must be formally minuted.

The Secure Accommodation Criteria Panel will consider the social worker's report, the notes and decisions of the most recent Child in Care 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/Trust managing the secure accommodation in which the child is placed if that authority is not the authority the child is living in the care of.

The Criteria 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 Policy, Secure Accommodation Criteria) are met.

It is unlawful to restrict the liberty of a child unless the criteria are met. The need to complete an assessment or treatment programme, or to seek other accommodation, does not justify retaining a child in secure accommodation for any period, no matter how short and these cannot be a reason for believing the criteria is met.

Once the Panel has made a recommendation as to the child's continued placement in secure accommodation, it should communicated to the young person and other participants at the Panel 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.

8. After the Secure Accommodation Criteria Panel

The recommendation of, and decision about criteria being met, or not, by the Panel will be submitted in writing, as soon as possible and no longer than one working day by the Panel Chair to the Designated Manager (Secure Accommodation) for consideration and decision as to the future placement of the child.

Where the young person is already a Child in Care, or has had a Child in Care Review the IRO should be advised of the outcome of the Secure Accommodation Criteria Panel.

The social worker will also inform all those whose views have been taken into account of the outcome of the Panel, what action, if any, the Local Authority/Trust proposes to take in relation to the child in the light of the Panel, and their reasons for taking, or not taking, such action.

The minutes of the Secure Criteria Panel should be completed as soon as possible and within 1 month of the Criteria Panel. 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/Trust must immediately review the child's placement (paragraph 4.14 IRO Handbook) and effect the 'exit' or contingent plan immediately.