The Secure Accommodation (Scotland) Regulations 2013

Review of the use of secure accommodation in connection with children dealt with under the Criminal Procedure Act S

13.—(1) The chief social work officer of the appropriate local authority, in consultation with the head of unit, must ensure that, where a child is detained or kept in secure accommodation by virtue of regulation 11 or 12, arrangements are made by them to review the child's case—

(a) within 7 days of the child's placement in secure accommodation (irrespective of whether the child is still being kept or detained in secure accommodation);

(b) at such times as appear to them to be necessary or appropriate in light of the child's progress; and

(c) in any event at intervals of not more than 3 months.

(2) The child may only be kept or detained in secure accommodation where after reviewing the child's case in accordance with paragraph (1) the chief social work officer and the head of unit are satisfied that doing so is in the best interests of the child.

(3) In conducting a review under paragraph (1) the chief social work officer and the head of unit must—

(a) have regard to all relevant circumstances including—

(i) the requirements mentioned in regulation 11(3)(a) and (b) and the conditions specified in regulation 12(2) and (3);

(ii) the views of the child and the opinion of the child's relevant person; and

(b) obtain the advice in relation to the detention of the child in secure accommodation of a secure placement review panel set up in accordance with paragraph (4).

(4) A secure placement review panel must be set up by any local authority responsible for the management of a residential establishment providing secure accommodation (failing which the local authority in whose area the establishment is situated) for the purpose of providing advice under paragraph (3)(b) and must consist of at least 3 persons—

(a) none of whom may be the chief social work officer or the head of unit mentioned in paragraph (1); and

(b) one of whom must be an independent person who is neither an office holder nor an employee of a local authority or the residential establishment.

(5) The chief social work officer and the head of unit must provide the secure placement review panel with all the relevant facts of the child's case available to them in order that the secure placement review panel can give informed advice.

(6) In this regulation “appropriate local authority” has the same meaning as in section 44(11) of the Criminal Procedure Act.