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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 decision not to implement the secure accommodation authorisation

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7.—(1) Where the chief social work officer has made a decision not to implement the secure accommodation authorisation, or where regulation 5(3) applies, a person mentioned in paragraph (2) may request a review of that decision.

(2) Those persons are—

(a)the child; and

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

(3) Where the chief social work officer receives a request for a review under paragraph (1) the chief social work officer must, within 72 hours of receiving the request, carry out a review by complying with the requirements in paragraph (4).

(4) The requirements are—

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

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

(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; and

(ii)the child’s needs and whether placement in secure accommodation would be in the child’s best interests;

(c)to record—

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

(ii)the decision and the reasons for reaching that decision, on whether the child should be placed in secure accommodation;

(d)to send notice to—

(i)the child where, taking account of the child’s age and maturity, the chief social work officer considers that the child is capable of understanding the effect of the decision;

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

(iii)the Principal Reporter;

(iv)the head of unit;

(e)to send with the notice the reasons for making the decision.

(5) A request for a review under paragraph (1) must be made within 72 hours of—

(a)receiving the notice under regulation 5(2)(b); or

(b)where regulation 5(3) applies, the expiry of the period mentioned in that paragraph.

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