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

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Eventually, an opportunity arose to enforce <strong>the</strong> bail c<strong>on</strong>diti<strong>on</strong>s through a minor<br />

incident in <strong>the</strong> home. From examinati<strong>on</strong> <strong>of</strong> <strong>the</strong> case records <strong>and</strong> interview<br />

with staff, this resp<strong>on</strong>se does not appear to be proporti<strong>on</strong>ate to <strong>the</strong> incident<br />

itself. Mary ultimately required a care resp<strong>on</strong>se which provided an effective<br />

means <strong>of</strong> dealing with <strong>the</strong> underlying reas<strong>on</strong>s for her <strong>on</strong>going behaviour.<br />

However, <strong>the</strong> interventi<strong>on</strong> plan she received did not place effective boundaries<br />

around her activity in <strong>the</strong> community. The South Eastern Trust, as corporate<br />

parent, may wish to c<strong>on</strong>sider <strong>the</strong> c<strong>on</strong>sequences <strong>of</strong> Mary not having received a<br />

place in secure accommodati<strong>on</strong>. The principle <strong>of</strong> detenti<strong>on</strong> as a last resort<br />

requires that alternatives to secure care should exhaust <strong>the</strong> opti<strong>on</strong>s to prevent<br />

Mary's liberty being restricted unnecessarily. A greater underst<strong>and</strong>ing <strong>of</strong> why<br />

<strong>the</strong> interventi<strong>on</strong> plan was not more effective <strong>on</strong> this pathway should be<br />

c<strong>on</strong>sidered by <strong>the</strong> trust.<br />

Mary was already opposed to <strong>the</strong> authority <strong>of</strong> her parents <strong>and</strong> <strong>the</strong> care staff.<br />

Inc<strong>on</strong>sistent decisi<strong>on</strong> making in respect <strong>of</strong> <strong>the</strong> bail c<strong>on</strong>diti<strong>on</strong>s by her adult<br />

carers is nei<strong>the</strong>r in her best interests nor is it likely to have encouraged her to<br />

engage more fully with those resp<strong>on</strong>sible for her welfare. It is also hard to<br />

underst<strong>and</strong> how her right to be heard can have been taken seriously. Not<br />

<strong>on</strong>ly was her liberty restricted <strong>on</strong> <strong>the</strong> strength <strong>of</strong> such a minor incident, it was<br />

also not clear who was advocating <strong>on</strong> her behalf during this period.<br />

Outcome <strong>of</strong> Restricti<strong>on</strong> <strong>of</strong> Liberty Panel<br />

There were no places available for Mary in secure accommodati<strong>on</strong>.<br />

Secure Accommodati<strong>on</strong> Order<br />

An order was not made during <strong>the</strong> timeframe under examinati<strong>on</strong> in this report.<br />

Mary was subsequently admitted to secure care from <strong>the</strong> Juvenile Justice<br />

Centre. She returned to <strong>the</strong> care <strong>of</strong> her parents a few weeks later.<br />

35

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