A Report on the Inspection of the Care - Regulation and Quality ...

2.1 The Restriction of Liberty Panels
Each panel is chaired at the level of Head of Children's Service /Service
Manager or above. Each of the chairpersons hold operational responsibility
for the young peoples' cases referred to the panel. Given the authority
inherent in this combined role, greater consideration should be provided about
how objectivity and equitable decision making can be guaranteed by this
process. It is notable that the Belfast HSC Trust reported that the chairperson
distances themselves from the referral process in an effort to be more
objective in their decision making.
The panels in the Belfast, Northern and Western trusts meet regularly on a
structured basis. The Southern and South Eastern trusts convene when
requested by management or when a vacancy arises within secure
accommodation. Greater consideration of the experience of the panels in
respect of these differing operating arrangements as to which model, if any, is
more conducive to effective planning should take place to ensure maximum
benefit for the young people in need of a secure care placement.
Each panel is constituted differently and whilst there are some similarities
there is no regional uniformity of composition in respect of attendees. With
the exception of the Belfast Trust it was also noted that a representative from
mental health services was not referenced within the policies as attending
panel meetings. It was also noted that within the five trusts' policies and
procedures there was no reference made to how the young person's views on
their possible detention is sought and presented to the panel. It is further
noted that the regional trust pro forma (which must be endorsed at trust
director level) to apply for secure accommodation makes no direct reference
to the view of the young person about the possible restriction of their liberty.
The five chairpersons reported that discussion does take place at the panel
about the views of the young person; however core social work values and
good practice requires that the young person is placed at the centre of the
process. The court process attaches significance in respect of a young
person being in attendance at court, with their views and wishes about the
application being formally sought, presented and considered in a structured
way. The restriction of liberty panel process, by comparison, does not
routinely have the young person in attendance, nor their views referenced on
the application. When considering the young person's human rights, in
particular their best interests and their right to be heard, it would be viewed as
advantageous for the young person to have the option to be present at these
meetings or by agreement with the young person to have an identified
independent person in attendance to represent their interests and to act as an
advocate on their behalf.
A senior representative from the secure accommodation unit attends and
provides an input to the Belfast and South Eastern trust panels. A
representative also attends the Southern Trust panel however, their
attendance is reported to be infrequent. There is no reported attendance at
either the Western or Northern trust panels. RQIA considers that
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