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Secure Accommodation Reviews or ‘SARs’

Scope of this chapter

This procedure applies to children placed in secure accommodation under welfare grounds. This means accommodation which is provided for the purpose of restricting the liberty of children to whom section 25 of the Children Act (1989) applies.

The Purpose of a Secure Accommodation Review (sometimes called a ‘Criteria Review’ or a ‘SAR’) is to consider the following:

SARs must be convened within 28 days of a child being placed in secure accommodation, and then at intervals not exceeding three months.

Where it is determined by the social worker and their manager that a further application should be made to the Court to keep the child in secure accommodation beyond the expiry of the current Secure Accommodation Order, then the social worker must request that the SAR Panel meets to consider the application.

Responsibility for convening SARs rests with the Independent Reviewing Service.  The Independent Reviewing Service Manager will be notified by the Access to Resources Team (ART) that the child has been placed in secure accommodation, within 2 working days of the child’s move. The Independent Reviewing Service Manager will appoint a SAR Chair and SAR Panel (see below) within 5 working days of the child entering secure accommodation.

Within 2 working days of being appointed the SAR Chair will liaise with the child’s social worker to agree the arrangements and attendees of the Initial SAR. Once agreed, the Independent Reviewing Service will send the invitations by email.

The Secure Accommodation Panel should be chaired by a person independent of the care planning for the child, including line managers and the Independent Reviewing Officer. Given the need to focus on the Section 25 criteria issues, the chair should also be independent of any resource allocation, etc. but have sufficient experience and knowledge to carry out the task.

The Panel is responsible for listening to the views of those who attend/contribute, and coming to a decision about whether they believe the criteria for secure accommodation are still met. The Panel cannot come to a decision about whether the child should remain or leave secure accommodation; it can only make a recommendation on this to the Executive Director.

The Panel comprises the Chair and two other people, one of whom should be a senior officer (Head of Service or Service Director) from within the local authority.  One will be independent both of the local authority and the authority managing the secure unit.  This independent person will be commissioned through NYAS or Coram Voice, arranged by the Independent Reviewing Service but funded by the social work team responsible for the child.

An IRO may sit as either the Chair or one of the other two Panel members, though this cannot be the allocated IRO (paragraph 4.14 IRO Handbook).

Prior to a SAR, the social worker will ensure the following are undertaken:

  • A report for the Review is prepared, which has been endorsed by their manager and incorporates the views of all those consulted about the placement (see Placements in Secure Accommodation on Welfare Grounds Procedure, Consultation), the Child's Guardian and the provider of the secure accommodation. This must conclude with the local authority’s recommendation as to whether the secure criteria are met, along with the rationale for this conclusion;
  • The purpose and format of the SAR is explained to the child and their parent(s);
  • The social work report is shared / read through with the child and their parent(s) and they are given the opportunity to ask questions and clarify their understanding of the report at least one working day before the SAR;
  • The child should be asked who they would like to read the reports through with them. If the child does not have a strong opinion the responsibility will rest with their social worker;
  • The social work report is shared with the Senior Business Officer for the Independent Reviewing Service for dissemination to the SAR Chair, panel and all attendees at least 3 working days before the SAR;
  • The child is asked by their social worker whether they would like an advocate to support them and ensure their views are ‘heard’ by the review;
  • The parents are given adequate support to prepare for the Review, which may include arranging for an interpreter and/or advocate to assist them;

Prior to a SAR, ART will ensure that the following are undertaken by the secure unit:

  • A report for the SAR is prepared which takes into account of the progress made by the child and states the secure unit’s view as to whether the criteria for secure accommodation continue to apply (see Placements in Secure Accommodation on Welfare Grounds Procedure, Secure Accommodation Criteria) and the rationale for this view;
  • The secure unit’s report is shared with the Senior Business Officer for the Independent Reviewing Service for dissemination to the SAR Chair, panel and all attendees at least 3 working days before the SAR;
  • The secure unit’s report is shared / read through with the child and their parent(s) and they are given the opportunity to ask questions and clarify their understanding of the report;
  • A risk assessment is undertaken by the secure unit in respect of the young person’s emotional capacity to safely manage the SAR meeting. Safety plans should be formulated accordingly by the secure unit and shared with the young person.

The SAR Panel must focus on the questions and issues around the criteria for secure accommodation (see Section 1, The Purpose of Secure Accommodation Reviews) within the context of the child’s specific circumstances. In considering these matters, the Panel must have regard to the child's welfare.

The SAR does not take the place of a Child in Care Review; it is distinctly different as it does not formally consider the child’s care plan nor other aspects of the child’s needs that are not directly related to the issue of secure criteria.

The SAR must be formally minuted by the SAR Chair.

The SAR Panel is responsible for listening to the views of those who contribute, both in person and via reports, and then coming to a recommendation about whether they believe the criteria for secure accommodation are met. (see Placements in Secure Accommodation on Welfare Grounds Procedure, Secure Accommodation Criteria).

It is not sufficient, simply to retain a child in secure accommodation to complete an assessment or treatment programme or whilst other accommodation is sought. It is unlawful for the liberty of a child to be restricted unless the criteria are met, no matter how short the period of security.

Once the Panel has made a recommendation regarding the child's continued placement in secure accommodation, this should be communicated to the young person and other participants, underlining that this is a recommendation rather than a decision.

Where required, a date for the next Review Panel should also be set for no longer than three months away.

The recommendation of the Panel will be submitted before the end of the day of the SAR by the SAR Chair to the Executive Director for consideration and a decision as to the future placement of the child.  Within 24 hours the office of the Executive Director will circulate the Executive Director’s decision and rationale in writing to:

  • The child;
  • The child’s parent(s);
  • The child’s social worker;
  • The child’s IRO;
  • The secure unit

The child’s social worker will arrange to see or speak to the child within 24 hours to explain the Executive Director’s decision and allow any questions to be asked.

The social worker will subsequently inform all those whose views have been taken into account of the outcome of the SAR and what action, if any, the local authority proposes to take in relation to the outcome of the SAR, including timescales.

If the decision of the Executive Director is that secure criteria no longer applies, the secure placement is no longer necessary and arrangements should be made by the responsible social work team and ART for the restrictions on the child’s liberty to be lifted immediately.  The secure accommodation order is a permissive order and is only applicable if secure criteria is met.  Therefore it is not lawful to detain a child in secure accommodation if the Executive Director determines that secure criteria is not met. If the local authority proposes that the child remains in the secure accommodation for more than 24 hours beyond such a decision the child and / or their parents should be supported to seek independent legal advice if they want it.

The SAR Chair’s report should be completed and circulated to all attendees as soon as possible and always within one month of the SAR.

Last Updated: December 4, 2024

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