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282 <h2>
282 Looked After Children and Young People in Contact with Youth Justice Services
282 </h2>
284 </div>
287 <div id="scope_box">
288 <h3>
288 RELATED CHAPTER
288 </h3>
289 <p>
289 <a href="p_rem_la_yth_det_accomm.html">
289 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
289 </a>
289 </p>
290 <h3>
290 RELATED GUIDANCE
290 </h3>
291 <p>
291 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_Ac
t_Guidance_2015.pdf" target="_blank" rel="noopener">
291 The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case
Review (2015)
291 </a>
291 </p>
292 <p>
292 <a
href="https://www.gov.uk/government/publications/manage-bail-and-remand/manage-bail-and-remands-se
ction-3-case-management-guidance" target="_blank" rel="noopener">
292 Youth Justice Board (YJB) Case Management Guidance Section 3 - Manage bail and remands
292 </a>
292 </p>
293 <h3>
293 AMENDMENT
293 </h3>
294 <p>
294 In April 2019, this chapter was updated in relation to placing young people in custody, see
294 <a href="#request">
294 Section 7.7, How to Request a Transfer or Placement Review
294 </a>
294 .
294 </p>
295 </div>
296 <div id="sections">
298 <h3 id="sections_list">
298 Contents
298 </h3>
299 <ol>
300 <li>
300 <a href="#lac_risk">
300 Looked After Children at Risk of Offending
300 </a>
300 </li>
301 <li>
301 <a href="#lac_arrested">
301 Looked After Children who are Arrested
301 </a>
301 </li>
302 <li>
302 <a href="#lac_charged">
302 Looked After Children who are Charged with an Offence
302 </a>
302 </li>
303 <li>
303 <a href="#yp_remanded">
303 Young People who are Remanded
303 </a>
303 </li>
304 <li>
304 <a href="#la_yp_convicted">
304 Looked After Young People who are Convicted
304 </a>
304 </li>
305 <li>
305 <a href="#ch_sentence">
305 Children who Receive a Community Sentence
305 </a>
305 </li>
306 <li>
306 <a href="#resp_la_custodial">
306 Responsibilities of the Local Authority to Looked After Young People in Custody
306 </a>
306 </li>
307 <li class="remove_bullet">
307 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_
Act_Guidance_2015.pdf#page=168" target="_blank" rel="noopener">
307 Appendix 1: Overview of the Care Planning, Placement and Review Process Flowchart
307 </a>
307 </li>
308 <li class="remove_bullet">
308 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_
Act_Guidance_2015.pdf#page=182" target="_blank" rel="noopener">
308 Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions
308 </a>
308 </li>
309 </ol>
310 <h3 id="lac_risk">
310 1. Looked After Children at Risk of Offending
310 </h3>
311 <p>
311 Local Authorities should have strategies setting out how they will encourage positive behaviour
amongst Looked After children who may be at risk of offending. These strategies should include
details of measures in place locally to divert young people from involvement with the Youth
Justice System.
311 </p>
312 <p>
312 Where a Looked After child is thought to be at risk of offending (or reoffending), both the Care
Plan / Pathway Plan and the Placement Plan should include details of the support that will be
provided to prevent this. Such support could be provided by mainstream services. The Youth
Offending Team (YOT) where the child is placed should also be contacted for advice on specific
preventative services available to meet the child's identified needs.
312 </p>
313 The Independent Reviewing Officer (IRO) should ensure that the Care Plan adequately addresses any
risk of offending, and should challenge the placing authority where a young person's needs are not
being adequately assessed.
314 <h3 id="lac_arrested">
314 2. Looked After Children who are Arrested
314 </h3>
315 <p>
315 Whenever a Looked After child aged under 18 is arrested, the responsible Local Authority should
ensure that the young person has the support of an Appropriate Adult and a solicitor while at the
police station. The solicitor should have expertise in youth justice, and be provided with
relevant information about the young person's circumstances and needs, including key information
from the Care Plan (and Pathway Plan if they are an Eligible Child).
315 </p>
316 <h4>
316 2.1 Safeguarding Children and Young People in Police Custody
316 </h4>
317 <p>
317 YOTs have a statutory responsibility to ensure that an Appropriate Adult service is
provided for children and young people detained at the local Police Station.
317 </p>
318 <table title="contact details">
319 <tr>
320 <td class="table_row_even">
320 <h5>
320 Providing an Appropriate Adult for young people under 18 years at the Police Station:
320 </h5>
321 <ul>
322 <li>
322 Whenever the police detain a child or young person (aged 10 to 17), or interview them as a
voluntary attender, they must inform an Appropriate Adult as soon as is practicable and
ask them to attend;
322 </li>
323 <li>
323 The following people can be an Appropriate Adult:
324 <ul>
325 <li>
325 Parent or guardian;
325 </li>
326 <li>
326 If the young person is in local authority care, or is otherwise being looked after
under the Children Act 1989 a person representing that authority or organisation;
326 </li>
327 <li>
327 A local authority social worker;
327 </li>
328 <li>
328 A YOT worker;
328 </li>
329 <li>
329 Another responsible adult aged over 18.
329 </li>
330 </ul>
331 </li>
332 <li>
332 Detention can be very stressful so it is important that an Appropriate Adult attends as
soon as possible to minimise the amount of time the child or young person spends in
detention.
332 <a href="https://www.gov.uk/government/collections/case-management-guidance"
target="_blank" rel="noopener">
332 Youth Justice Board (2014) Case Management Guidance
332 </a>
332 requires attendance within two hours of the initial request being made (however
research has shown that young people wait 5 hours on average for an Appropriate Adult to
attend);
332 </li>
333 <li>
333 A parent or guardian should be considered in the first instance. They may need reassurance
or practical assistance to attend the police station and to understand the nature of the
role of an Appropriate Adult. Every person acting as an Appropriate Adult should be given
a copy of the
333 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/117682/app
ropriate-adults-guide.pdf" target="_blank" rel="noopener">
333 Home Office (2011) Guide for Appropriate Adults
333 </a>
333 ;
333 </li>
334 <li>
334 It is especially important that children and young people who are identified as having
mental ill health or learning difficulties are properly supported. In such cases it
might be preferable for the Appropriate Adult to be a trained professional rather than a
relative. However if the young person prefers a relative or objects to a particular person
their wishes should, if practicable, be respected;
334 </li>
335 <li>
335 The Appropriate Adult's role is to protect the interests of the child or young person, to
advise and support them, and ensure that they are fairly treated and their needs met. In
particular they should be aware of and able to support any:
336 <ul>
337 <li>
337 Mental health needs;
337 </li>
338 <li>
338 Learning and communication difficulties.
338 </li>
339 </ul>
340 </li>
341 <li>
341 The Appropriate Adult should let the child or young person know how to access legal
support, and can insist that this is provided even if the child or young person refuses
it.
341 </li>
342 </ul>
342 </td>
343 </tr>
344 </table>
345 <p>
345 For more information on Appropriate Adults, including their role in supporting children and young
people, and who can fulfil this role please see
345 <a href="https://www.gov.uk/guidance/appropriate-adults-guide-for-youth-justice-professionals"
target="_blank" rel="noopener">
345 Appropriate Adults: Guide for Youth Justice Professionals
345 </a>
345 .
345 </p>
346 <h4>
346 2.2 Trafficked Children
346 </h4>
347 <p>
347 Custody staff, YOT workers and Appropriate Adults should be alert to the needs of children whose
alleged criminal activity may be related to their having being trafficked into the UK for
exploitation. Where the child's history suggests they may have been trafficked into the UK, the
local authority must establish whether a referral has been made under the National Referral
Mechanism (NRM) and make such a referral where this has not been done.
347 </p>
348 <h4>
348 2.3 Review of Care Plan
348 </h4>
349 <p>
349 Whenever a young person is arrested, consideration should be given to reviewing his or her Care
Plan to ensure that it contains measures to reduce the risk of (re)offending.
349 </p>
350 <h3 id="lac_charged">
350 3. Looked After Children who are Charged with an Offence
350 </h3>
351 <p>
351 When a looked after child is charged with an offence, it is important s/he is not disadvantaged
and refused bail because of their status as a Looked After child. Courts need to have confidence
that the child will be supported to keep any conditions attached to their bail, and is living in a
suitable placement which offers the right support. Local Authorities should provide bail support
programmes and specialist placements (e.g. Remand Foster Care) to ensure there are viable
alternatives to a child being remanded to Youth Detention Accommodation.
351 </p>
352 <p>
352 The local authority, working with the child's solicitor and the responsible YOT, should actively
work towards securing bail for the child.
352 </p>
353 <p>
353 Whenever a looked after child is charged with an offence, the responsible authority must ensure
that the child is legally represented by a solicitor. The solicitor should be provided with
relevant information about the child's circumstances, needs and care plan. Continuing support must
also be provided to the child by professionals and carers that the child already knows and trusts.
353 </p>
354 <h3 id="yp_remanded">
354 4. Young People who are Remanded
354 </h3>
355 <p>
355 See also
355 <a href="p_rem_la_yth_det_accomm.html">
355 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
355 </a>
355 .
355 </p>
356 <h4>
356 4.1 Young people who are refused bail and remanded to Local Authority Accommodation or Youth
Detention Accommodation (YDA)
356 </h4>
357 <p>
357 Children aged 10-17 who have been refused bail may be remanded to Local Authority Accommodation
with or without conditions. Children aged 12-17 who are refused bail can also be remanded to Youth
Detention Accommodation (subject to certain conditions being met). Even if the child was not
previously Looked After, they will become a Looked After Child when remanded.
357 </p>
358 <p>
358 Local authority support to the child and their family during this time is important, and efforts
should be made to ensure that time on remand does not disrupt existing ties between the child and
their community. Care planning should consider the young person's needs both during the period of
remand and following the court hearing. The Care Plan will also need to consider arrangements for
the young person's support should they be convicted and receive a custodial sentence.
358 </p>
359 <h5>
359 4.1.1 Safeguarding Children and Young People in Custody
359 </h5>
360 <p>
360 When a child or young person is remanded, the child's social worker should request a copy of the
complaints procedure for the establishment. Social workers should then familiarise themselves with
the complaints process and check that the child has been provided with information about, and
understands, the complaints process and also about their entitlement to advocacy.
360 </p>
361 <p>
361 Young people who are remanded should also be provided with information which is routinely provided
for all children who become looked after. This could include for example:
361 </p>
362 <ul>
363 <li>
363 Contact details for their Social Worker, Independent Reviewing Officer and other sources of
support (including out of hours);
363 </li>
364 <li>
364 Contact details for the Children's Commissioner Advice Line (0800 528 0731 /
364 <a href="mailto:advice.team@childrenscommissioner.gov.uk">
364 advice.team@childrenscommissioner.gov.uk
364 </a>
364 );
364 </li>
365 <li>
365 Information on the local Children's Rights / Advocacy Service / Independent Visitors for Looked
After Children.
365 </li>
366 </ul>
367 <p>
367 If a remanded child complains to their social worker about any aspect of their care while
remanded, this should be recorded on the child's electronic record and reported to a manager and
the child's IRO. The most appropriate response will vary depending on the nature of the complaint,
and the type of accommodation the young person is remanded to, but could include a referral to
Children's Social Care and possible Section 47 Enquiry if the complaint concerns actual or likely
Significant Harm.
367 </p>
368 <p>
368 If the complaint concerns an allegation against staff, the multi agency allegations procedure
should be followed. Complaints in relation to services provided by a local authority should be
dealt with under the Complaints and Representations Procedure.
368 </p>
369 <p>
369 If a social worker has serious concerns about the care being provided to a child who is remanded,
they should report this to their manager.
369 </p>
370 <p>
370 See also
370 <a href="#action_to_be_taken">
370 Section 7.6, Action to be Taken if there are Concerns about the Child's Safety or Welfare
370 </a>
370 .
370 </p>
371 <h5>
371 4.1.2 Support to Families
371 </h5>
372 <p>
372 Within forty eight hours of detention, Governors of YOIs must make arrangements to provide each
young person's next of kin (or other appropriate person) with information about visiting, personal
property, pastoral care and the sentence planning, review and resettlement arrangements.
372 </p>
373 <p>
373 Governors must also make arrangements to ensure that parents and professionals know how to contact
the establishment if they have any concerns or complaints about a child's care.
373 </p>
374 <h4>
374 4.2 Remand to Local Authority Accommodation
374 </h4>
375 <p>
375 Where a child is remanded to local authority accommodation, the designated local authority is
responsible for identifying a suitable placement. For as long as they remain looked after, these
children are entitled to the same care planning and review processes as other looked after
children.
375 </p>
376 <p>
376 In developing the care plan for children who become looked after solely as a result of being
remanded, the local authority is not required to prepare a 'plan for permanence', as required by
Regulation 5(a) of the Care Planning Regulations. This amendment to local authority care planning
duties recognises that some children will only be looked after for the period they are remanded,
which may be relatively short.
376 </p>
377 <p>
377 Nevertheless, consideration should still be given to what longer term support or accommodation the
child will need following the remand episode. If children need to remain looked after once the
period of remand has ceased, then the local authority must comply with all the requirements of the
Care Planning Regulations.
377 </p>
378 <h4>
378 4.3 Remand to Youth Detention Accommodation (YDA)
378 </h4>
379 <p>
379 When a child or young person under 18 is remanded or sentenced to custody, the
379 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team" target="_blank"
rel="noopener">
379 Youth Custody Service
379 </a>
379 decides where they should be placed.
379 </p>
380 <p>
380 This comprises the following kinds of accommodation:
380 </p>
381 <ul>
382 <li>
382 A secure children's home;
382 </li>
383 <li>
383 A secure training centre;
383 </li>
384 <li>
384 A Young Offender Institution.
384 </li>
385 </ul>
386 <p>
386 A court can only order a Remand to Youth Detention where certain specified criteria are met:
386 </p>
387 <ul>
388 <li>
388 The child has reached the age of 12; and
388 </li>
389 <li>
389 Either the child is legally represented before the court or legal representation has been
withdrawn/refused; and
389 </li>
390 <li>
390 Either the offence is a violent or sexual offence or an offence punishable in the case of an
adult with imprisonment of 14 years or more; or
390 </li>
391 <li>
391 The child has a recent history of absconding while remanded to local authority or youth
detention accommodation and the offence(s) to which the proceedings relate is alleged/was found
to have been committed while remanded to local authority or youth detention accommodation, or,
when considering previous offences, there is a recent history of committing imprisonable
offences whilst on bail or remand AND there is a real prospect that the child will be sentenced
to a custodial sentence for the offence(s) the court is considering;
391 </li>
392 <li>
392 It is necessary to protect the public from death or serious personal injury occasioned by
further offences committed by the child or to prevent the commission by the child of further
imprisonable offences.
392 </li>
393 </ul>
394 <h4>
394 4.4 Young People Remanded to Youth Detention Accommodation (YDA) who are not already Looked After
394 </h4>
395 <p>
395 Where a child is not already looked after but becomes looked after as a result of being remanded
to YDA, the local authority responsible for the child's care must be satisfied that the day to day
arrangements for the child are of sufficient quality and offer an appropriate response to the
child's individual needs.
395 </p>
396 <p>
396 The local authority is not required to prepare a Care Plan or a Placement Plan; instead, following
an initial assessment of the child's needs, a Detention Placement Plan (DPP) should be prepared.
396 </p>
397 <p>
397 The DPP should describe how the YDA will meet the child's needs, and record the roles and
responsibilities of the other partner organisations. The DPP should also take into account the
circumstances that contributed to the child's alleged involvement in any offending and the support
s/he should be offered when they return to the community to prevent (re)offending.
397 </p>
398 <p>
398 The designated authority will need to appoint an Independent Reviewing Officer (IRO), to keep the
child's DPP under review in the same way as a care plan.
398 </p>
399 <h4>
399 4.5 Young People Remanded to YDA who are already Looked After
399 </h4>
400 <p>
400 A DPP must also be drawn up for children who are already Looked After and who are remanded to YDA.
This will be based on the current Care or Pathway Plan. Where the young person is subject
to a Care Order, or is a Relevant Child, the Care / Pathway Plan will continue once the
remand ceases whether or not the child is sentenced to custody.
400 </p>
401 <p>
401 When a Looked After child is remanded, the IRO should be notified as soon as possible.
401 </p>
402 <h4>
402 4.6 The Detention Placement Plan
402 </h4>
403 <p>
403 See
403 <a href="p_rem_la_yth_det_accomm.html">
403 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
403 </a>
403 .
403 </p>
404 <h4>
404 4.7 Review
404 </h4>
405 <p>
405 The Looked After Review must focus on whether there are appropriate arrangements in place for
responding to the child's needs whilst they are detained. The review of the DPP for looked after
child, including children remanded to YDA, must be a child-centred process. Whilst there may be
limitations in view of the secure environment, the IRO should consult the child about how they
want their meeting to be managed.
405 </p>
406 <p>
406 The considerations that are likely to be most relevant will be:
406 </p>
407 <ul>
408 <li>
408 Whether there is a DPP in place describing how the child will be supported whilst they remain
looked after as a result of being remanded;
408 </li>
409 <li>
409 The quality of contact with the local authority;
409 </li>
410 <li>
410 Arrangements for contact between the child and their family;
410 </li>
411 <li>
411 Whether plans for the child have taken their wishes and feelings into account;
411 </li>
412 <li>
412 That arrangements are in place to respond to the child's health and education and training
needs;
412 </li>
413 <li>
413 That the secure establishment takes into account any specific identity and cultural needs of the
child; and
413 </li>
414 <li>
414 Whether the child will continue to need support from children's services when the remand ceases
and they may no longer be Looked After.
414 </li>
415 </ul>
416 <p>
416 If the review uncovers concerns about where the child will be living or support available to them
in the community, consideration may have to be given to whether the child should remain looked
after once they are no longer on remand.
416 </p>
417 <p>
417 Looked After Reviews of children who are on remand should always consider the child's support
needs when they cease to be looked after as a result of the remand ending.
417 </p>
418 <p>
418 Where children are remanded in YDA, staff in the secure establishment should enable the child to
speak with their IRO in privacy, unless the child refuses, and arrange a suitable venue for the
review to take place.
418 </p>
419 <h3 id="la_yp_convicted">
419 5. Looked After Young People who are Convicted
419 </h3>
420 <p>
420 When a looked after child is convicted of an offence, the child's social worker should provide
information to the YOT case manager who is responsible for completing the AssetPlus (the YJB
assessment of risk factors for offending). The YOT case manager should also consult the child's
social worker about the content and recommendations of the pre-sentence report (PSR). This will be
used by the court to determine the appropriate disposal (e.g. custodial or community sentence),
ensuring that mitigating factors arising from the child's life experiences are included and that
welfare considerations are reflected in the proposed disposal.
420 </p>
421 <p>
421 The PSR should include explicit consideration of any safeguarding factors that would make the
child particularly vulnerable if sentenced to custody. Copies of the AssetPlus, PSR and other
reports completed by the YOT should be sent to the child's social worker and placed on the
child's case record.
421 </p>
422 <p>
422 In cases where a custodial sentence is likely, the YOT worker and the child's social worker should
work together to prepare the child and his/her family by explaining what will happen and how the
child will be supported during and after his/her time in custody.
422 </p>
423 <p>
423 It is good practice for the child's social worker to attend court on the day of sentencing; if
this is not possible, then the child must be accompanied by their foster carer or the Home's
Registered Manager. This is to ensure that the young person is supported and that the child's best
interests are effectively represented via their legal representative who may need to respond to
specific and particular issues.
423 </p>
424 <p>
424 Prior agreement should be reached with the YOT case manager about how the responsible authority
will be notified of the court's decision, including details about where the child will be detained
if s/he is sentenced to custody. This notification should be made on the same day as sentencing
and be followed up in writing.
424 </p>
425 <p>
425 Following sentence, the child's legal status as a looked after child may change (see
425 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_Ac
t_Guidance_2015.pdf#page=182" target="_blank" rel="noopener">
425 Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions
425 </a>
425 ).
425 </p>
426 <p>
426 See also
426 <a href="p_respons_loc_auth.html">
426 Responsibilities of the Local Authority to Former Looked After Children and Young People in
Custody
426 </a>
426 .
426 </p>
427 <h3 id="ch_sentence">
427 6. Children who receive a Community Sentence
427 </h3>
428 <p>
428 When a child receives a community sentence, the child's social worker and YOT case manager should
continue to work closely together, sharing information and clarifying their roles and
responsibilities. If the child is subject to a Care Order or is an accommodated child s/he will
remain a Looked After Child.
428 </p>
429 <p>
429 Children who were provided with accommodation under Section 21 following a remand to local
authority care will cease to be looked after (unless the local authority has assessed that the
child's needs are such that they should be accommodated under section 20).
429 </p>
430 <p>
430 If the court imposes a Youth Rehabilitation Order, this can be accompanied by a Local Authority
Residence Requirement. Such children are provided with accommodation under section 21 and are
therefore Looked After. The responsible local authority must be consulted before these
requirements are imposed.
430 </p>
431 <h3 id="resp_la_custodial">
431 7. Responsibilities of the Local Authority to Looked After Young People who receive a Custodial
Sentence
431 </h3>
432 <p>
432 If the child receives a custodial sentence, the responsibilities of the local authority will
depend on the child's care status:
432 </p>
433 <ul>
434 <li>
434 If the child is subject to a Care Order under section 31 of the Children Act 1989, s/he remains
looked after and there is no change to his/her legal status and the local authority continues to
be responsible for planning and reviewing the care plan;
434 </li>
435 <li>
435 If the child was an accommodated child, s/he will lose their looked after status whilst serving
the custodial sentence as they are not being accommodated in a placement provided by the local
authority. Children in these circumstances, will however, be entitled to consideration as a
former looked after child in custody. Local Authorities have a duty to visit such children who
have ceased to be looked after;
435 </li>
436 <li>
436 If the child had not been previously looked after but became looked after as a result of being
remanded to local authority accommodation or to YDA, s/he ceases to be looked after on being
sentenced to custody. Where, however, the child is aged 16+ and has been looked after for
thirteen weeks or more from the age of fourteen, including any period as a looked after child as
a result of the child being remanded, then the child will be a 'relevant child' and should be
supported by local authority children's services as a 'care leaver';
436 </li>
437 <li>
437 If the young person is a 'relevant child' and is entitled to support and services as a care
leaver, this status remains unchanged while in custody and the local authority that looked after
the young person retains responsibility for providing support during his/her time in custody and
on release. Some young people, including young people who become looked after as a result of
being remanded, will acquire this status while they are in custody on attaining the age of 16:
that is, those who have spent at least 13 weeks looked after since the age of 14 and were
subject to a care order or who were accommodated or remanded to local authority accommodation
immediately prior to entering custody on sentence (see
437 <a href="p_respons_loc_auth.html">
437 Responsibilities of the Local Authority to Former Looked After Children and Young People in
Custody Procedure
437 </a>
437 ).
437 </li>
438 </ul>
439 <p>
439 The
439 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team" target="_blank"
rel="noopener">
439 Youth Custody Service (YCS) Placement Service
439 </a>
439 is responsible for identifying the youth detention accommodation where the young person will serve
their sentence. The YOT case manager is invited to recommend the establishment that has been
assessed as being most suitable. The responsible authority's social worker, and other staff
involved with the child's care, should ensure that their assessment of the child's needs is taken
into account to inform this critical decision, however, the final decision rests with the YCS. The
YOT should inform the responsible authority where the child will be serving their sentence on the
day it starts. The child's social worker must then aim to arrange to visit the child
439 <span class="bold">
439 within five working days
439 </span>
439 . The child's IRO must also be informed.
439 </p>
440 <h4>
440 7.1 Information Sharing
440 </h4>
441 <p>
441 Within 5 working days of the young person's sentence to custody, the social worker should provide
the following information to the young person's YOT case manager and the designated case
supervisor within the establishment:
441 </p>
442 <ul>
443 <li>
443 The child's care status, including his/her entitlement to support as a care leaver;
443 </li>
444 <li>
444 Persons with Parental Responsibility;
444 </li>
445 <li>
445 Name and contact details of the allocated social worker, his/her team manager and the IRO;
445 </li>
446 <li>
446 Any immediate information necessary to ensure the child's safety or that of others;
446 </li>
447 <li>
447 Information about the child's family/carers and contact arrangements;
447 </li>
448 <li>
448 Information about the young person's needs that will enhance the establishment's ability to care
for the young person;
448 </li>
449 <li>
449 The date when the social worker or local authority representative will be visiting the child;
and
449 </li>
450 <li>
450 The date of any forthcoming review of the child's case.
450 </li>
451 </ul>
452 <h4>
452 7.2 Looked After Reviews
452 </h4>
453 <p>
453 For children who remain looked after while in custody (i.e. children subject to care orders under
section 31 of the 1989 Act) the care planning and review process continues.
453 </p>
454 <p>
454 Placement in YDA is a significant change. If a review of the child's care plan is not already due
to take place, then it is a requirement that one should be scheduled during the period the young
person is in custody. The usual statutory timescales for review apply thereafter. Depending on the
length of the child's detention, consideration should be given to undertaking a review within the
last month before release to ensure the child's care/pathway plan can be updated to meet his/her
needs on release, particularly his/her placement needs.
454 </p>
455 <p>
455 A person within the custodial establishment should be nominated to act as the link with the care
planning process. This may be the child's case supervisor but it is good practice to give the
child an element of choice wherever possible. This link person will be informed of the key
elements of the child's care plan and, in turn, keep the child's social worker informed of the
child's progress and events within the establishment.
455 </p>
456 <p>
456 The child's home YOT case manager should also be kept informed of changes to the child's care plan
and other relevant information. Subject to the child's agreement, the YOT case manager and the
nominated link person within the establishment should be involved in review meetings.
456 </p>
457 <p>
457 The Reviews must:
457 </p>
458 <ul>
459 <li>
459 Be a child-centred process and, within the limitations that will be apparent, take into account
how the young person wants their review meeting to be managed;
459 </li>
460 <li>
460 Ensure that the establishment is taking into account the young person's identity and cultural
needs;
460 </li>
461 <li>
461 Take the young person's wishes and feelings into account;
461 </li>
462 <li>
462 Focus on whether the arrangements in place are appropriate for the young person's needs whilst
they are detained;
462 </li>
463 <li>
463 Look at the quality of contact with the local authority;
463 </li>
464 <li>
464 Ensure that contact arrangements for the young person are appropriate;
464 </li>
465 <li>
465 Ensure that there are arrangements responding to the young person's health, education and
training needs;
465 </li>
466 <li>
466 Consider whether Accommodation will be required when the Remand / Sentence period ceases.
466 </li>
467 </ul>
468 <h4>
468 7.3 Social Work Visits
468 </h4>
469 <p>
469 The young person's allocated social worker must visit the young person
469 <span class="bold">
469 within one week
469 </span>
469 of being sentenced and detained.
469 </p>
470 <p>
470 Subsequent visits must take place at intervals of not more than 6 weeks for the first year;
thereafter at intervals of not more than 3 months. Additional visits should take place if
reasonably requested by the young person, the establishment or the YOT, or there are particular
circumstances that require a visit (e.g. notification of under performance of placement
provider/concerns about the safety or welfare of the young person).
470 </p>
471 <p>
471 In addition, where the child is serving their sentence in a SCH or STC, a visit should also take
place if there has been a notification by the Ofsted Chief Inspector of the underperformance of a
placement provider (under section 30A of the Care Standards Act 2000 or under Section 47 of the
Criminal Justice and Public Order Act 1994) or, where the child is placed in a YOI, concerns about
the welfare or safety of children are raised by HM Inspectorate of Prisons.
471 </p>
472 <p>
472 The purpose of the visits is to keep in touch with the child, assess his/her needs and maintain an
up to date care plan. The youth detention establishment should facilitate the visit and allow the
child to be seen in privacy (out of hearing of an officer), unless the child refuses.
Representatives of the local authority will be afforded the status of professional visitor rather
than the more limited access to the child that applies to social visitor.
472 </p>
473 <h4>
473 7.4 Sentence Planning
473 </h4>
474 <p>
474 Each child detained in a secure setting must have a sentence plan, supervised by the YOT case
manager. Sentence planning is different from care or pathway planning, and is designed to plan the
activities the child will engage in during his/her time in custody and, for sentenced children, on
release into the community. It is aimed primarily at reducing the risk of (re)offending.
474 </p>
475 <p>
475 The child's social worker should always be invited to sentence planning meetings and their
professional input will be integral to effective resettlement planning. It is good practice for
the child's social worker to attend as many meetings as possible but, as a minimum, s/he should
attend the first meeting and the release preparation meeting where the release plan is discussed.
For longer sentences, or where there are particular difficulties, it will be appropriate to attend
more often. If the social worker is not able to attend, the local authority responsible for the
child's care must provide relevant information about the child's care or pathway plan to the YOT
case manager prior to the meeting.
475 </p>
476 <p>
476 (See also
476 <a href="#plan_for_release">
476 Section 7.8, Planning for Release
476 </a>
476 ).
476 </p>
477 <h4>
477 7.5 Advice, Assistance and Support between Visits
477 </h4>
478 <p>
478 Looked After young people in custody remain entitled to advice, assistance and support between
visits.
478 </p>
479 <p>
479 The social worker should keep under review whether the child is safe and whether, in view of the
authority's assessment of the child's needs, the safeguarding arrangements in the YDA are
adequate; and whether the establishment has arrangements in place to respond appropriately to the
child's needs and to promote their welfare.
479 </p>
480 <p>
480 Specific factors to take into consideration will be:
480 </p>
481 <ul>
482 <li>
482 Is the young person safe?
482 </li>
483 <li>
483 Is there a risk of self-harm?
483 </li>
484 <li>
484 Does the young person need money, clothes, books or other practical support?
484 </li>
485 <li>
485 Are education staff aware of and able to meet the young person's educational needs, including
any special needs?
485 </li>
486 <li>
486 Are the health unit and wing staff aware of, and able to meet, the young person's health needs?
486 </li>
487 <li>
487 Are staff aware of, and able to meet, the young person's religious and cultural needs?
487 </li>
488 <li>
488 Is the young person worried about anything? If so, what?
488 </li>
489 <li>
489 What impact has the sentence had on family relationships? Does there need to be help with
contact arrangements?
489 </li>
490 <li>
490 What action is needed to provide for the child's placement on release?
490 </li>
491 <li>
491 Are changes needed to the child's care plan/pathway plan?
491 </li>
492 </ul>
493 <p>
493 This assessment should be informed by the views of the YOT case manager, staff in the YDA,
including pastoral care, education and health staff, the child and his/her family.
493 </p>
494 <p>
494 It will also form the basis for an up to date care plan describing how the child's needs will be
met in custody and who is responsible for each aspect of the plan.
494 </p>
495 <p>
495 This plan will rely on local authority officers responsible for the child's overall welfare – i.e.
the child's social worker, their IRO and the authority's service manager for looked after
children's services - being able to satisfy themselves that the arrangements in place within the
secure establishment are appropriate in view of the child's individual needs.
495 </p>
496 <h4 id="action_to_be_taken">
496 7.6 Action to be Taken if there are Concerns about the Child's Safety or Welfare
496 </h4>
497 <p>
497 Children and young people in custody can be particularly vulnerable. Where there are concerns that
the young person is not being safeguarded or their welfare promoted (for example, relating to the
quality of care the young person is receiving, the suitability of the type of placement or
concerns around bullying, self harm, violence or intimidation), in the first instance it may be
possible to resolve the concerns by agreement with the establishment itself.
497 </p>
498 <p>
498 Where issues cannot be resolved at establishment level, and if the responsible authority is of the
view that the young person needs to be moved to another establishment, see
498 <a href="#request">
498 Section 7.7, How to Request a Transfer or Placement Review
498 </a>
498 .
498 </p>
499 <p>
499 The Local Authority should inform the establishment and Her Majesty's Prison and Probation Service
Young People's Team that they have decided to take this course of action.
499 </p>
500 <p>
500 All custodial establishments have a 'Complaints Procedure' and social workers should ask about
this at the point of the young person's admission.
500 </p>
501 <h4 id="request">
501 7.7 How to Request a Transfer or Placement Review
501 </h4>
502 <p>
502 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team" target="_blank"
rel="noopener">
502 The Youth Custody Service (YCS)
502 </a>
502 carries out placement reviews to decide whether a transfer is required for a child or young
person.
502 </p>
503 <p>
503 YOTs can ask for one if they are responsible for a child or young person and:
503 </p>
504 <ul>
505 <li>
505 Their circumstances change;
505 </li>
506 <li>
506 There is a risk or issue with their current placement.
506 </li>
507 </ul>
508 <p>
508 To request a transfer, the YOT should read the
508 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674661/YCS_Placeme
nt_Review_Guidance.doc" target="_blank" rel="noopener">
508 Placement Review Guidance
508 </a>
508 and then:
508 </p>
509 <ul>
510 <li>
510 Convene a multi-disciplinary meeting to establish how risk can be managed or reduced;
510 </li>
511 <li>
511 Complete the
511 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674669/Placement
_Review_Form_YCS.docx" target="_blank" rel="noopener">
511 Placement Review Form
511 </a>
511 (Refer to the
511 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674672/Completin
g_the_Placement_Review_Form_Guidance_and_Tips_YCS.docx" target="_blank" rel="noopener">
511 Guidance and Tips document
511 </a>
511 for support on completing this form);
511 </li>
512 <li>
512 E-mail it to the Placement Review team at
512 <a href="mailto:YCSTransfers@justice.gov.uk" target="_blank" rel="noopener">
512 YCSTransfers@justice.gov.uk
512 </a>
512 .
512 </li>
513 </ul>
514 <p>
514 Other people can ask for a transfer but only the YOT and/or staff at the establishment where the
child is placed should contact the YCS Placement Team.
514 </p>
515 <p>
515 The YCS Placement Team makes the final decision in the best interests of the child or young person
after carefully considering all of the information available and opinions stated.
515 </p>
516 <h4 id="plan_for_release">
516 7.8 Planning for Release
516 </h4>
517 <p>
517 Children are vulnerable in the early days after release and need considerable help, both
emotionally and practically, to:
517 </p>
518 <ul>
519 <li>
519 Readjust to living in open conditions;
519 </li>
520 <li>
520 Meet the requirements for reporting and surveillance;
520 </li>
521 <li>
521 Sort out finances;
521 </li>
522 <li>
522 Settle into appropriate accommodation;
522 </li>
523 <li>
523 Negotiate work or college;
523 </li>
524 <li>
524 Re-establish relationships with family and friends; and
524 </li>
525 <li>
525 Avoid situations where offending may occur.
525 </li>
526 </ul>
527 <p>
527 The child's social worker and YOT case manager must work together to co-ordinate arrangements for
the child's release and subsequent support in the community. The child will continue to have two
separate plans: the local authority care plan, which may include a pathway plan (or for a child
who became looked after solely as a result of remand, the DPP) and the YOT plan. These must be
coordinated so the child is clear what will be happening and professionals from both children's
and youth justice services understand their respective roles and responsibilities for supporting
the child in future and for minimising the possibility of reoffending.
527 </p>
528 <p>
528 If the child is to continue being looked after, the responsible authority must provide an
appropriate placement and financial support. The child's care/pathway plan should be updated.
528 </p>
529 <p>
529 The YOT is responsible for providing ongoing supervision and interventions targeted at preventing
further offending. There will be potential areas of overlap, where arrangements may be made by
either the YOT case manager or local authority social worker, such as education provision or
health treatment. Negotiation should take place about which service is best placed to make these
arrangements in each case. The local authority responsible for the child's care will ultimately
have responsibility for ensuring all measures are in place to enable the child to be provided with
appropriate services.
529 </p>
530 <p>
530 Where a review of the young person's case chaired by the IRO has not already occurred, the social
worker in conjunction with the IRO must arrange for a review prior to the young person's release
from custody. The timing might be scheduled so that it is co-ordinated with the release
preparation meeting.
530 </p>
531 <p>
531 As soon as possible, and at least by the time of the final release preperation meeting 10 working
days before release, the young person must be told the content of both the Care Plan and the
Notice of Supervision or Licence so that s/he is aware of:
531 </p>
532 <ul>
533 <li>
533 Who is collecting him/her;
533 </li>
534 <li>
534 Where s/he will be living;
534 </li>
535 <li>
535 The reporting arrangements;
535 </li>
536 <li>
536 Sources of support - including out of hours;
536 </li>
537 <li>
537 The arrangements for education or employment;
537 </li>
538 <li>
538 Arrangements for meeting continuing health needs;
538 </li>
539 <li>
539 How and when s/he will receive financial support;
539 </li>
540 <li>
540 When s/he will be seeing his/her social worker; and
540 </li>
541 <li>
541 The roles and responsibilities of the respective practitioners.
541 </li>
542 </ul>
543 <h4>
543 7.9 Support in the Community
543 </h4>
544 <p>
544 Looked after children, under sentence, returning to the community will continue to be supervised
by the YOT case manager. Children sentenced to Detention and Training Orders serve the second half
of the term in the community. Those on other types of sentence will also be subject to
supervision. The responsible authority must maintain contact with children in care during the
crucial period following their discharge from custody.
544 </p>
545 <p>
545 The child's social worker and YOT case manager should keep each other informed of significant
events, including any changes in service delivery or plans. It is good practice to have some joint
meetings involving the child, YOT case manager and social worker, so information is shared and the
child receives an integrated service.
545 </p>
546 The YOT should consult the local authority over enforcement issues, particularly if there is a
possibility of the child being breached for failing to comply with his/her supervision requirements.
Where the child is having difficulty in complying with his/her Notice of Supervision or Licence
conditions, the responsible authority should work with the YOT to put additional support in place.
For example, it might be arranged for a residential care worker to take the child to appointments at
the YOT or for a foster carer to text the child as a reminder.
547 <h3>
547 Appendix 1: Overview of the Care Planning, Placement and Review Process Flowchart
547 </h3>
548 <p>
548 See
548 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_Ac
t_Guidance_2015.pdf#page=168" target="_blank" rel="noopener">
548 Annex 2: Overview of the Care Planning, Placement and Review Process Flowchart
548 </a>
548 of the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case
Review (2015).
548 </p>
549 <h3>
549 Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions
549 </h3>
550 <p>
550 See
550 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_Ac
t_Guidance_2015.pdf#page=182" target="_blank" rel="noopener">
550 Annex 8: Changes to Care Status as a Result of Criminal Justice Decisions
550 </a>
550 of the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case
Review (2015).
551 </p>
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566 <div id="trix_logo">
567 <a href="https://www.trixonline.co.uk/" target="_blank" class="imagelink">
567 <img src="images/trixlogo.png" height="40" alt="Tri.x Logo links to Tri.x homepage"/>
567 </a>
568 </div>
569 </div>
570 </div>
572 </footer>
573 <div id="desktoptest">
573 </div>
574 <script>
701 </script>
703 <script>
712 </script>
714 <script>
761 </script>
764 <script>
766 </script>
774 <script>
813 </script>
814 <script type="text/javascript">
814 </script>
816 <script>
855 </script>
859 <script type="text/javascript">
871 </script>
872 </body>
873 </html>