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

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Decision of head of unit under section 151(3)

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6.—(1) This regulation applies where the chief social work officer makes a decision to implement a secure accommodation authorisation in accordance with regulation 4 or following a review under regulation 7.

(2) The head of unit must, in coming to a decision on whether to consent to the placement of the child under section 151(3) of the Act, comply with the requirements in paragraph (3)(a) and, having made the decision, comply with the requirements in paragraph (3)(b) and (c).

(3) The requirements are—

(a)to assess whether placement in secure accommodation within the residential establishment managed by the head of unit would—

(i)be appropriate to the child’s needs, having regard to that establishment’s statement of functions and objectives; and

(ii)not, in the opinion of the head of unit, be detrimental to other children residing in that unit;

(b)to record—

(i)the decision of the head of unit; and

(ii)the reasons for reaching that decision; and

(c)to send to the chief social work officer, within 48 hours of receiving notification of the chief social work officer’s decision under regulation 5(2)(b)(iii) or 7(4)(d)(iv), the decision and reasons for reaching that decision.

(4) In this regulation, “head of unit” is the head of unit consulted in accordance with regulation 4(3)(a)(iii).

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