13 March 1992

Dear Sir/Madam

RESIDENTIAL CHILD CARE - SECURE ACCOMMODATION

INSPECTION RESPONSIBILITIES OF LOCAL AUTHORITIES

Summary

1. The arm’s-length inspection units set up by local authorities under the NHS and Community Care Act 1990 are charged with inspecting child care establishments from 1 April 1992. This Circular offers guidance on the role of local authority units when inspecting establishments which contain secure accommodation approved by the Secretary of State under Regulation 3 of The Secure Accommodation (Scotland) Regulations 1983 (as amended).

Statutory Responsibilities

2. At present local authorities register certain residential child care establishments (that is, voluntary or private establishments) under section 62 of The Social Work (Scotland) Act 1968. They are required to visit such establishments by virtue of Regulation 16 of The Social Work (Residential Establishments - Child Care) (Scotland) Regulations 1987 at intervals of not more than one year, in order to satisfy themselves that the operation of the establishment continues to conform to the requirements of the Regulations. Regulation 16 also requires local authorities otherwise, as considered necessary or appropriate, to ensure that the safety and welfare of children residing within the establishment are being maintained. Local authorities, however, are not required to register their own establishments and consequently they do not need to be visited under Regulation 16.

3. In June 1991 the Secretary of State announced his intention to extend the remit of the arm’s-length inspection units to include residential services for children. From 1 April 1992 all residential facilities for children operated by local authorities, or registered with them under section 62 of the 1968 Act, will be liable for inspection. The guidance on the work of inspection units given in Circular SWSG9/90 is applicable to residential child care establishments from that date.

4. Where local authorities register establishments containing secure accommodation, the Secretary of State and authorities have complementary roles in setting and monitoring the standards of child care facilities. The circumstances under which a child may be detained in secure accommodation are closely controlled under The Secure Accommodation (Scotland) Regulations 1983 (as amended) and The Residential Care Order (Secure Accommodation) (Scotland) Regulations 1988 (as amended). Regulation 3 of the 1983 Regulations requires

the Secretary of State’s approval for accommodation to be used for the secure detention of children.

5. Following directions made under section 63 of the 1968 Act, the Secretary of State registers 2 voluntary establishments providing secure accommodation, Rossie and St Mary’s Kenmure. He monitors them, applying the same standards and criteria contained in the 1987 Regulations mentioned in paragraph 2. The registration and inspection responsibilities for these 2 establishments do not therefore concern local authority inspection units.

Inspection and Secure Accommodation

6. Some local authority establishments contain secure places, in addition to their provision of "open" accommodation. Before giving his approval to such secure units, the Secretary of State satisfies himself (as he does with the voluntary establishments mentioned in paragraph 5) that the standards of the facilities are sufficiently high in relation to the layout of the building, its security, standards and furnishings, to ensure that young persons may be accommodated without risk to themselves or others. In addition, the Secretary of State also satisfies himself that the education provided is of a good standard, that sufficient staff are available whenever children are residing in the secure accommodation and that the care provided has regard for the welfare and the rights of the children concerned. The approval process does not extend to consideration of the wider care regime provided for the rest of the establishment; that responsibility will now fall to the inspection unit.

7. Whilst there is no barrier to the local inspection team including the secure unit within its ambit, responsibility for that unit’s approval lies with the Secretary of State. In practice, the use of secure accommodation will normally be fully integrated with the wider range of care services offered within the establishment. Those parts of the inspection team’s report relating to the secure unit should therefore address the overall standard of care being provided by the establishment, in line with the regulations and guidance issued by the Secretary of State. It should not address directly the standards of secure accommodation which will have already been approved.

Inspection Guidance

8. So far no specific guidance has been issued to inspection units on child care establishments. The need for such guidance is still being considered in the light of the recommendations of the review of residential child care in Scotland.

Contact Point

9. If you have any queries about the contents of this circular, please contact Mr M J Hunter, Social Work Services Group, Room 41, James Craig Walk, Edinburgh EH1 3BA (Telephone: 0131-244-5479).

Yours faithfully

J W SINCLAIR