Secure Accommodation Hearings Protocol.pdf

Key Principles:

1. Children have a legal right to attend their hearings, unless formally excused.
2. Secure accommodation does not change this right and obligation.
3. The presumption is that hearings will be held at the usual SCRA Hearing Centre.
4. Holding a hearing in a secure establishment may give a negative impression.
5. A fair hearing is unlikely if a child is prevented from attending due to transportation or staffing issues.

Arranging a Children's Hearing:

1. The reporter will arrange the hearing at the usual SCRA Hearing Centre, unless risks are identified.
2. If risks are identified, options include:
Additional measures at the usual Hearing Centre
Holding the hearing at a different SCRA Hearing Centre
Holding the hearing at other appropriate premises
Holding the hearing in the secure establishment
3. The secure establishment or local authority must consult with the other agency and provide a written request to the reporter, including a risk assessment.

Reporter's Decision:

1. The reporter will consider the information provided and decide on additional measures or a change of venue.
2. The reporter will prioritize the child's best interests and minimize the impact on the hearing.
3. The reporter may consult with the secure establishment and/or the child's social worker.

Hearings in a Secure Establishment:

1. The environment must be appropriate for a children's hearing and conform to health and safety legislation.
2. The establishment will select facilities with regard to the health, safety, and wellbeing of all participants.

Debrief and Review:

1. A debrief will take place after hearings where arrangements were not sufficiently robust or unnecessarily robust.
2. The reporter, local authority, and secure establishment will be involved in the debrief.
3. Agreed learning points will be taken into account in future decision-making.