Article 16 Child placed in secure accommodation: decision of the head of unit

(1)

This article applies where—

(a)

a child is subject to a relevant order or warrant that includes a secure accommodation authorisation; and

(b)

the person in charge of the residential establishment containing the secure accommodation in which the child is to be placed (the “head of unit”) has been consulted by the chief social work officer and has received notice of the chief social work officer’s decision to place the child in secure accommodation and the reasons for making that decision.

(2)

The head of unit must, in coming to a decision on whether to consent to the placement of the child in secure accommodation, 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 purpose; and

(ii)

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

(b)

to record—

(i)

the decision; and

(ii)

the reasons for reaching that decision; and

(c)

to send the chief social work officer, within 48 hours from receiving notification of the chief social work officer’s decision to place the child in secure accommodation, notice of the head of unit’s decision and reasons for reaching that decision.

(4)

In this article—

(a)

“relevant order or warrant” means—

(i)

a compulsory supervision order;

(ii)

an interim compulsory supervision order; or

(iii)

a warrant to secure attendance;

(b)

“secure accommodation authorisation” has the meaning given by section 85 of the 2011 Act; and

(c)

references to the chief social work officer are to the chief social work officer who may implement a secure accommodation authorisation under section 151 of the 2011 Act.