Secure Accommodation (Scotland) Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/3255

1996 No. 3255 (S.245)

CHILDREN AND YOUNG PERSONS

RESIDENTIAL AND OTHER ESTABLISHMENTS, SCOTLAND

The Secure Accommodation (Scotland) Regulations 1996

Made 18th December 1996

Laid before Parliament 31th December 1996

Coming into force 1st April 1997

The Secretary of State, in exercise of the powers conferred on him by section 60(1) of the Social Work (Scotland) Act 19681, section 75 of the Children (Scotland) Act 19952, and section 44(5) of the Criminal Procedure (Scotland) Act 19953, and of all other powers enabling him in that behalf, and after consulting the Council on Tribunals, hereby makes the following Regulations:

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Secure Accommodation (Scotland) Regulations 1996 and shall come into force on 1st April 1997.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Children (Scotland) Act 1995;

the 1968 Act” means the Social Work (Scotland) Act 1968;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;

“the 1996 Regulations” means the Residential Establishments-Child Care (Scotland) Regulations 19964;

“the appropriate local authority” has the meaning given to that term in section 44(11) of the 1995 Act;

“children’s hearing” has the meaning given to that term by section 93(1) of the Act;

“day” includes a part of a day;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19945;

“managers” means–

(a) in the case of a local authority, those officers having delegated powers under section 56 of the Local Government (Scotland) Act 19736for the management of the residential establishment providing secure accommodation;

(b) in any other case those who are responsible for management of the residential establishment providing secure accommodation;

“parent” has the meaning given to that term by section 15(1) of the Act and also includes any person who is not a parent of the child but who has parental responsibilities;

“person in charge” means the person in charge of a residential establishment providing secure accommodation who is responsible to the managers of that establishment;

“Principal Reporter” has the meaning given to that term by section 93(1) of the Act;

“relevant person” has the meaning given to that term by the meaning in section 93(2)(b) of the Act;

“residential establishment” has the meaning given to that term by section 93(1) of the Act;

“secure accommodation” means accommodation provided in a residential establishment for the purpose of restricting the liberty of children;

“supervision requirement” has the meaning given to that term by section 93(1) of the Act.

(2) In the calculation of the periods of 48 hours and 72 hours mentioned in these Regulations, Sundays and public holidays shall be excluded.

(3) In these Regulations any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.

Approval by the Secretary of State of secure accommodation
S-3 Approval by the Secretary of State of secure accommodation

Approval by the Secretary of State of secure accommodation

3. Accommodation shall not be provided and used in residential establishments as secure accommodation unless it has been approved by the Secretary of State, on such terms and conditions as he thinks fit, for such provision and use.

Welfare of children in secure accommodation
S-4 Welfare of children in secure accommodation

Welfare of children in secure accommodation

4.—(1) Subject to paragraph (2), the managers in consultation with the person in charge shall ensure that the welfare of a child placed and kept in such accommodation is safeguarded and promoted and that the child receives such provision for his education, development and control as is conducive to his best interests.

(2) For the purposes of paragraph (1) the managers and person in charge shall comply with such requirements of Part II of the 1996 Regulations as apply to them and the establishments for which they are responsible.

Maximum period in secure accommodation under the Act without authority
S-5 Maximum period in secure accommodation under the Act without authority

Maximum period in secure accommodation under the Act without authority

5. Subject to the provisions of regulation 8 the maximum period during which a child may be kept under the Act or the 1995 Act in secure accommodation without the authority of a children’s hearing, or, as the case may be, of the sheriff, is an aggregate of 72 hours (whether or not consecutive) in any period of 28 consecutive days.

Children subject to certain supervision requirements - interim placement
S-6 Children subject to certain supervision requirements - interim placement

Children subject to certain supervision requirements - interim placement

6.—(1) A child who is subject to a supervision requirement imposed under section 70 of the Act, but not subject to a condition imposed under subsection (9) of that section that he be liable to be placed and kept in secure accommodation, may not be placed in secure accommodation unless the chief social work officer of the local authority required to give effect to the supervision requirement and the person in charge are satisfied–

(a)

(a) that the criteria specified in paragraph (a) or (b) of section 70(10) of the Act are satisfied with respect to the child; and

(b)

(b) that it is in the child’s best interests that he be placed and kept in secure accommodation,

and the chief social work officer shall, in addition, satisfy himself, in relation to the placing of the child in the residential establishment providing the secure accommodation, that the placement in that establishment is appropriate to the child’s needs having regard to its statement of functions and objectives.

(2) On a child being placed in secure accommodation under paragraph (1), the chief social work officer of the local authority shall–

(a)

(a) forthwith in writing inform any relevant person in relation to the child and the Principal Reporter accordingly, and shall, in addition, so inform the child (in a manner appropriate to his age and understanding); and

(b)

(b) forthwith, and in any event not later than 24 hours from the time of that placement (whether or not the child is still held in secure accommodation) refer the case to the Principal Reporter and inform him in writing of–

(i) the details of that placement and any subsequent placement or release;

(ii) the reasons why at the time of placement the chief social work officer and the person in charge were satisfied with respect to the matters referred to and mentioned in paragraph (1) of this regulation and the reasons why at the time of writing they continue to be so satisfied or otherwise; and

(iii) the views of the chief social work officer and the person in charge as to the need or otherwise for the child’s detention in secure accommodation;

(3) On receipt by the Principal Reporter of the referral and information under paragraph (2)(b), he shall arrange for a review of the child’s case by a children’s hearing under section 73(8) of the Act which shall apply as if the reference to a transfer under section 72(2) of the Act included a reference to a placement under this regulation.

(4) The review of the child’s case referred to in paragraph (3) shall take place no later than 72 hours from the time of the placement of the child in secure accommodation.

Children looked after by local authority under Part II of the Act - interim placement

Children looked after by local authority under Part II of the Act - interim placement

S-7 A child who is being looked after by a local authority under...

7.—(1) A child who is being looked after by a local authority under chapters 1 or 4 of Part II of the Act may not be placed in secure accommodation unless the chief social work officer of the authority looking after the child and the person in charge are each satisfied with respect to the same matters as to which regulation 6(1) requires them to be satisfied and that the child may be in need of compulsory measures of supervision under Part II of the Act.

(2) On a child being placed in secure accommodation under paragraph (1), the chief social work officer of the local authority shall–

(a)

(a) forthwith, in writing, inform any relevant person in relation to the child and the Principal Reporter accordingly;

(b)

(b) forthwith and in any event not later than 24 hours from the time of that placement (whether or not the child is still held in secure accommodation) refer the child’s case to the Principal Reporter and inform him in writing of–

(i) the details of that...

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