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The Children’s Hearings (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013

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Review of placement in secure accommodation

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10.—(1) This regulation applies where a child is placed in secure accommodation following—

(a)a decision of the chief social work officer in accordance with regulation 4;

(b)a review under regulation 7; or

(c)a decision of the sheriff under regulation 13(3)(a) or 14(3)(a).

(2) The chief social work officer must, from time to time review the child’s placement in secure accommodation in accordance with the requirements in paragraph (4) and carry out the following mandatory reviews—

(a)a first review within 7 days of the placement;

(b)a second review within 1 month from the date of the first review;

(c)thereafter subsequent reviews within 1 month from the date of the previous review; and

(d)whenever paragraph (3) applies.

(3) This paragraph applies where a request for a review is made by—

(a)the child;

(b)each relevant person in respect of the child.

(4) The requirements are—

(a)to consult and take into account the views of—

(i)the child, taking into account their age and maturity;

(ii)each relevant person in respect of the child;

(iii)the head of unit;

(b)to assess—

(i)whether one or more of the conditions specified in section 83(6), 87(4) or 88(3) of the Act continue to apply in respect of the child;

(ii)the child’s needs and how those needs are being met;

(iii)whether placement in secure accommodation continues to be in the child’s best interests.

(5) Following a review under paragraph (2) the chief social work officer must decide the review and must—

(a)record—

(i)the information obtained in respect of the review;

(ii)the chief social work officer’s decision, and the reasons for reaching that decision, on whether the child should remain in secure accommodation.

(b)notify the Principal Reporter and those persons consulted under paragraph (4)(a) of the decision;

(c)where the chief social work officer makes a decision to remove the child from secure accommodation, notify the child and each relevant person of the right to appeal the decision under section 162 of the Act (appeal to sheriff against decision to implement secure accommodation authorisation).

(6) In this regulation “head of unit” means the person in charge of the residential establishment containing the secure accommodation in which the child is placed.

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