Regulation 5 Notification of decision

(1)

Where the chief social work officer carries out the requirements specified in regulation 4 and makes a decision whether to implement the secure accommodation authorisation, the chief social work officer must, within 72 hours of receiving the decision mentioned in regulation 4(3)(c) comply with the requirements at paragraph (2).

(2)

The requirements are—

(a)

to record—

(i)

the decision of the chief social work officer;

(ii)

the reasons for reaching that decision;

(iii)

the information obtained in carrying out the consultation requirements at regulation 4(3)(a);

(b)

to send notice of the decision 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 head of unit;

(iv)

the Principal Reporter;

(c)

to send with the notice the reasons for making the decision;

(d)

to inform the child and each relevant person in respect of the child—

(i)

of the right to appeal the decision under section 162 of the Act;

(ii)

where the decision is a decision not to implement the secure accommodation authorisation, that they may require the decision to be reviewed.

(3)

Where the requirements at paragraph (2) are not complied with within 72 hours of receiving the decision as mentioned in paragraph (1), the chief social work officer will be deemed to have made a decision not to implement the secure accommodation authorisation.

(4)

In this regulation, in paragraph (2)(b)(iii) “head of unit” is the head of unit consulted in accordance with regulation 4(3)(a)(iii).