The Intensive Support and Monitoring (Scotland) Regulations 2005

Considerations relating to imposition of movement restriction condition

4.—(1) A children’s hearing shall not impose upon a child, within a supervision requirement, a movement restriction condition, unless it is satisfied that the movement restriction care plan for the child, relative to that movement restriction condition, is adequate and appropriate, and has been agreed so far as practicable with the child and any relevant person.

(2) In considering for the purposes of paragraph (1) above whether the movement restriction care plan is adequate and appropriate the children’s hearing shall consider, in particular–

(a) the provision of, or means of accessing, alternative accommodation to that specified in accordance with regulation 6(a), together with particulars of those persons who are to be notified, and by whom, when such accommodation is provided or accessed;

(b) the provision of a crisis response service;

(c) the arrangements which are to be made for evaluating the child’s participation, progress and co operation in relation to the movement restriction care plan, and the provision which is to be made for regular written reports for consideration by the children’s hearing; and

(d) the arrangements and timings for review of the child’s needs relative to the supervision requirement with a movement restriction condition and for any necessary revision of the movement restriction care plan.