Regular reviews and children and young people’s involvement in all care planning processes and decision making is crucial.
Placement review meeting
For children and young people on remand
The local authority is expected to arrange a similar meeting to that described below for those sentenced under section 205(2) or section 208.
For sentenced children and young people
Children or young people sentenced under section 44 Criminal Procedure (Scotland) Act 1995: the local authority may review the child or young person’s case at any time and at minimum of every three months, and this would usually follow local authority procedures for looked after and accommodated children as per The Looked After Children (Scotland) Regulations 2009 (see Scottish Office, 1997 for further information). The local authority Chief Social Work Officer, in consultation with the head of unit, must ensure that such reviews are undertaken and obtain advice from a secure placement review panel. This panel must be set up by the local authority responsible for the management of the secure establishment or where the establishment is situated (normally the host local authority). The panel must consist of at least three persons, none of whom may be the Chief Social Work Officer or the head of unit mentioned above and one of whom must be an independent person who is neither an office holder nor an employee of a local authority or the residential establishment (as per The Secure Accommodation (Scotland) Regulations 2013). As a consequence of any such review and having regard to the best interests of the child and the need to protect members of the public, the local authority may decide to release the child or young person for a period and on conditions the local authority deems appropriate or unconditionally (as per section 44(6)(b) Criminal Procedure (Scotland) Act 1995). The Child’s Plan should be updated following each review.
Children or young people sentenced under section 205(2) or section 208 Criminal Procedure (Scotland) Act 1995: within four weeks of entering secure care, the Children and Young Person’s (CYP) Placement Manager will schedule a placement review meeting. This meeting will be chaired by staff from the secure unit, but the Lead Professional is expected to take a prominent role, attended by the CYP Placement Manager, the child or young person, their parents/guardians, staff from the secure unit, and any other relevant professionals. Reports should be provided by the secure unit on the child or young person’s progress and programme proposals, and the Lead Professional on the proposed throughcare plan. The purpose of this meeting is to consider the appropriateness of the placement for the child or young person and the CYP Placement Manager will:
- Confirm the placement
- Defer the decision until a future date, or
- Decide that an alternative secure unit would be more suitable
The outcome of this meeting should be reflected in the Child's Plan.
For children who remain subject to Compulsory Supervision Orders
Reviews should be as detailed in The Looked After Children (Scotland) Regulations 2009 and statutory requirements for review of secure care authorisations via the Children’s Hearings System as per Children’s Hearings (Scotland) Act 2011. For children or young people sentenced under section 205(2) or section 208 these meetings are in addition to reviews scheduled by the CYP Placement Manager as detailed above.
Resources for this page
- Children’s Hearings (Scotland) Act 2011
- Criminal Justice (Scotland) Act 2003
- The Looked After Children (Scotland) Regulations 2009
- The Secure Accommodation (Scotland) Regulations 2013
- Scotland Excel
- Scottish Government. (2018). Practice guidance: Convicted on Indictment Under Section 205(2) or Section 208 of the Criminal Procedure (Scotland) Act 1995. Edinburgh: Scottish Government.
- Scottish Office. (1997). The Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities. Edinburgh: Scottish Office.