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282 <h2>
282 Responsibilities of the Local Authority to Former Looked After Children and Young People in
Custody
282 </h2>
284 </div>
287 <div id="scope_box">
288 <p>
288 This chapter is based on statutory guidance for local authorities on children who lose their
looked-after status when remanded or sentenced to custody,
288 <a
href="https://www.gov.uk/government/publications/children-act-1989-former-looked-after-children-in
-custody" target="_blank" rel="noopener">
288 Children Act 1989: former looked-after children in custody
288 </a>
288 .
288 </p>
289 <h3>
289 RELATED CHAPTERS/STANDARDS
289 </h3>
290 <p>
290 <a href="p_lac_yp_youth.html">
290 Looked After Children and Young People In Contact With Youth Justice Services Procedure
290 </a>
290 </p>
291 <p>
291 <a href="p_rem_la_yth_det_accomm.html">
291 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
291 </a>
291 </p>
292 <h3>
292 AMENDMENT
292 </h3>
293 <p>
293 In April 2019, this chapter was updated in relation to placing young people in custody, see
293 <a href="#request">
293 Section 3.8, How to Request a Transfer or Placement Review
293 </a>
293 .
293 </p>
294 </div>
295 <div id="sections">
297 <h3 id="sections_list">
297 Contents
297 </h3>
298 <ol>
299 <li>
299 <a href="#intro">
299 Introduction
299 </a>
299 </li>
300 <li>
300 <a href="#relevant_yp">
300 'Relevant' Young People in Custody
300 </a>
300 </li>
301 <li>
301 <a href="#yp_in_custody">
301 Young People in Custody who are not 'Relevant'
301 </a>
301 </li>
302 </ol>
303 <h3 id="intro">
303 1. Introduction
303 </h3>
304 <p>
304 Some young people may cease to be Looked After when they are convicted and receive a custodial
sentence (see
304 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Children_Ac
t_Guidance_2015.pdf" target="_blank" rel="noopener">
304 Changes to Care Status as a Result of Criminal Justice Decisions, Children Act 1989 Guidance and
Regulations - Volume 2: Care Planning, Placement and Case Review
305 </a>
305 ).
305 </p>
306 <p>
306 This may be because, once sentenced to custody, they are no longer voluntarily Accommodated under
section 20 of the Children Act 1989, or because they became Looked After solely by virtue of being
remanded to local authority accommodation or Youth Detention Accommodation.
306 </p>
307 Local authorities still have responsibilities towards these children and young people, however these
responsibilities will differ depending on whether or not the young person is Relevant and entitled
to support as a care leaver.
308 <h3 id="relevant_yp">
308 2. 'Relevant' Young People in Custody
308 </h3>
309 <p>
309 If the young person is a 'relevant child' and entitled to support and services as a care leaver,
this status remains unchanged while they are serving a custodial sentence, and the local authority
that looked after the young person retains responsibility for providing support during his/her
time in custody and on release.
309 </p>
310 <p>
310 Some young people, including young people who become looked after as a result of being remanded,
will become 'relevant children' if they are in custody on their 16th birthday. This would include
young people who have spent at least 13 weeks looked after since the age of 14 and were either
subject to a care order or who were accommodated or remanded to local authority accommodation
immediately prior to entering custody on sentence.
310 </p>
311 <p>
311 The authority must keep in touch with relevant young people in custody throughout their sentence,
allocate a Personal Adviser and work with the young person to prepare a Pathway Plan. This should
cover arrangements for the support that they will be provided with on release, including arranging
for their accommodation and maintenance if they will be under 18. The young person's social
worker should ensure that the relevant YOT case manager is made aware of their status as Relevant.
311 </p>
312 <p>
312 For further information, see
312 <a href="files/leaving_care_policy.pdf" target="_blank" rel="noopener">
312 Policy to Promote the Welfare of Young Adults Leaving Care
312 </a>
312 .
312 </p>
313 <h3 id="yp_in_custody">
313 3. Young People in Custody who are not 'Relevant'
313 </h3>
314 <p>
314 Local authorities also have a duty to young people who, upon being sentenced, cease to be Looked
After, but who are not Relevant and so not entitled to support as care leavers. This may be
because they were, prior to detention, Accommodated (under section 20 of the Children Act 1989)
and will leave custody before their 16th birthday, or they are aged 16 or 17 but have been Looked
After for less than 13 weeks since the age of 14 (perhaps because they only became looked after
when remanded into local authority accommodation immediately prior to sentence).
314 </p>
315 <p>
315 In this situation, the responsible local authority must appoint a representative to visit the
young person to assess their needs.
315 </p>
316 <p>
316 The representative must make recommendations about any appropriate advice, support and assistance
needed by the young person, including where necessary, arranging for their accommodation on
release, which might involve planning for them to be Looked After again.
316 </p>
317 There may be other ongoing duties towards this group of young people. Where they are aged 16 or 17,
they may be entitled to advice and assistance as Qualifying young people under section 24(1B) of the
Children Act 1989. All young people who may be in need are entitled to an assessment under
Section 17 of the 1989 Act.
318 <h4>
318 3.1 Notification and Visiting
319 </h4>
320 <p>
320 If the social worker has not attended Court, the responsible YOT should notify the local authority
about the details of the young person's sentence, and about where they have been detained.
320 </p>
321 The local authority must appoint a representative to visit the young person. This should be a
qualified social worker employed by the authority, usually the social worker or Personal Adviser who
was allocated to the young person's case and was responsible for maintaining the Care Plan /Pathway
Plan or Detention Placement Plan before they were sentenced. There may be circumstances where it
would be appropriate for a residential care worker or a foster carer familiar to the young person
might to carry out this role. (The term 'social worker' is used here). The role must not be
fulfilled by a YOT worker.
322 <p>
322 The local authority should also inform the young person's Independent Reviewing Officer (IRO) of
their placement in custody and the name of the appointed representative.
322 </p>
323 <p>
323 Within five working days of the young person being sentenced, the local authority should provide
information to the custodial establishment by contacting the offender supervisor based in the YOI,
or equivalent post in the Secure Training Centre or Secure Children's Home, to inform them of:
323 </p>
324 <ul>
325 <li>
325 The young person's previous care status;
325 </li>
326 <li>
326 Persons with Parental Responsibility for the young person;
326 </li>
327 <li>
327 The name and contact details of the social worker and team manager;
327 </li>
328 <li>
328 Any immediate information necessary to ensure the young person's safety;
328 </li>
329 <li>
329 Relevant information about the young person's family/carers and contact arrangements;
329 </li>
330 <li>
330 Relevant information about the young person's needs that will enhance the establishment's
ability to care for the young person, especially in responding to the young person's health and
education needs;
330 </li>
331 <li>
331 The date when the social worker will be visiting the young person.
331 </li>
332 </ul>
333 <p>
333 They should seek information from the secure establishment about how the young person has settled
in and agree arrangements for them to visit the young person.
333 </p>
334 <h4>
334 3.2 Timing of visits
335 </h4>
336 <p>
336 The social worker must visit the young person within 10 working days of their entering custody,
unless this is not reasonably practicable. This may be coordinated with arrangements for the
initial planning meeting (see timetable in Appendix A of the statutory guidance (
336 <a href="files/la_guide_fom_lac_custody.pdf" target="_blank" rel="noopener">
336 Local Authority Responsibilities towards Former Looked After Children in Custody
336 </a>
336 ).
336 </p>
337 <p>
337 On each visit, the social worker must speak to the young person in private unless the young
person, being of sufficient age and understanding to do so, refuses; or the social worker is
unable to do so, or considers it inappropriate to do so, having regard to the young person's age
and understanding.
337 </p>
338 <p>
338 The social worker must also visit when reasonably requested to do so by the young person; a member
of staff of the establishment where the young person is detained; the young person's parent(s) or
person with Parental Responsibility; or the relevant YOT case manager.
338 </p>
339 <h4>
339 3.3 Assessment and planning process
340 </h4>
341 <p>
341 The purpose of the initial visit is to complete an assessment of the young person's needs whilst
in custody and on release. This will take into account previous assessments that have informed the
young person's Care Plan or Detention Placement Plan and any new information from the assessments
undertaken by the YOT or custodial establishment. The assessment should be based on the format for
Assessments provided in Working Together to Safeguard Children.
341 </p>
342 The assessment should consider the following issues:
343 <ul>
344 <li>
344 Is there a risk of self harm?
344 </li>
345 <li>
345 What is the young person's emotional state?
345 </li>
346 <li>
346 Does the young person need money, clothes, books or other practical support?
346 </li>
347 <li>
347 Are education staff aware of, and able to meet, the young person's educational needs, including
any special needs or abilities?
347 </li>
348 <li>
348 Are the health unit and wing staff aware of, and able to meet, the young person's health needs?
348 </li>
349 <li>
349 Are staff aware of, and able to meet, the young person's religious and cultural needs?
349 </li>
350 <li>
350 Is the young person worried about anything? If so, what? Does the young person understand how
they can access advocacy and other services to express any concerns and make their views known?
350 </li>
351 <li>
351 Are the young person's parents able to fulfil their Parental Responsibility to the young person
whilst in custody?
351 </li>
352 <li>
352 Has there been a change in the parents' capacity to enable them to resume care of the young
person on his release in a way that will meet the young person's needs? If not, might additional
support be provided to enable the parents be able to resume care of the young person?
352 </li>
353 <li>
353 If it is not appropriate for the young person to return home or to become Looked After again,
what alternative arrangements need to be made?
353 </li>
354 </ul>
355 <p>
355 The young person's wishes and feelings on these matters must be sought. The assessment must also
take into account the views of the young person's parents (or any other person with Parental
Responsibility) and appropriate members of staff in the custodial establishment (including
pastoral care, education and health staff). The views of the young person's previous carers and
the IRO should also be sought. If the appointed representative is not the social worker who was
previously allocated to the young person's case, that social worker's views should also be sought.
355 </p>
356 <p>
356 The assessment should be completed within 20 working days of the young person entering custody and
should conclude with an analysis that sets out clearly the social worker's recommendations about
the advice, assistance and support that the young person will need whilst in custody and on
release.
356 </p>
357 <p>
357 The following information must be included in the assessment:
357 </p>
358 <ul>
359 <li>
359 Is the young person's welfare being adequately safeguarded and promoted (taking account of the
young person's wishes and feelings)?
359 </li>
360 <li>
360 Are further visits required?
360 </li>
361 <li>
361 Who will keep in touch with the young person whilst they are detained? Does there need to be
help with contact arrangements?
361 </li>
362 <li>
362 Will it be in the young person's best interests to become Looked After again by the local
authority on release?
362 </li>
363 <li>
363 Might the young person and their family require other services provided by the local authority
formerly responsible for looking after the young person, or from another local authority?
363 </li>
364 </ul>
365 <p>
365 The recommendations should include proposals as to the future involvement of the local authority,
for example whether visits should be maintained whilst the young person remains in custody and on
release. If parents are unavailable or otherwise unable to exercise their Parental Responsibility
by providing the young person with support whilst in custody, the young person will require
ongoing visits, support and practical help from the local authority whilst in custody as a Child
in Need.
365 </p>
366 <p>
366 Options for the young person on release will be as follows:
366 </p>
367 <ul>
368 <li>
368 The young person's parents or wider family will be able to resume care of the young person on
release from custody, with support from the local authority under section 17 of the Children Act
1989 and with continuing supervision from the YOT;
368 </li>
369 <li>
369 The young person's parents or wider family will be able to resume care of the young person on
release from custody, solely with supervision from the YOT for as long as any order continues;
369 </li>
370 <li>
370 The young person will need to become Looked After again on release;
370 </li>
371 <li>
371 The young person will not be able to return home to parents but it will be inappropriate for
them to become Looked After again because of their age or particular circumstances, in which
case the YOT and local authority will need to meet with housing and other relevant services well
before the planned release date to determine the arrangements that will be necessary in order to
provide them with suitable accommodation and support in the community.
371 </li>
372 </ul>
373 <p>
373 A copy of the report must be given to:
373 </p>
374 <ul>
375 <li>
375 The young person;
375 </li>
376 <li>
376 His or her parents or those with Parental Responsibility, unless this would not be in the young
person's interests;
376 </li>
377 <li>
377 The governor or director or registered manager of the establishment where the young person is
detained;
377 </li>
378 <li>
378 The relevant YOT case manager;
378 </li>
379 <li>
379 The local authority where the young person is being detained (if different from the authority
that formerly looked after the young person); and
379 </li>
380 <li>
380 Any other person the responsible authority considers should receive a copy of the report.
380 </li>
381 </ul>
382 <h4>
382 3.4 Decision-making
383 </h4>
384 <p>
384 The social worker's assessment must be sent to the manager who has been appointed as designated
manager to receive reports and decide how to act on their recommendations. This should be an
officer with responsibility for allocating any resources necessary to provide support to the young
person in future.
384 </p>
385 <p>
385 The designated manager must confirm that the assessment and recommended plan have been received
and the steps that will be taken to implement its recommendations.
385 </p>
386 <p>
386 Where the designated manager does
386 <span class="bold">
386 not
386 </span>
386 accept the recommendations about ongoing support to be provided to the young person, it will be
necessary to consult the YOT case manager and YOT manager; and also desirable to consult with the
young person's former IRO and their former social worker (if not the appointed representative),
before the designated manager confirms this decision.
386 </p>
387 <p>
387 Each local authority should have a protocol setting out the process for resolving disputes in
cases where the local authority designated manager rejects the social worker's assessment or
recommendations. This process must enable a decision to be reached about whether or not the
formerly responsible authority will contribute to the young person's future support well before
they are due to be resettled into the community, and no later than 28 days prior to their
potential release date.
387 </p>
388 <p>
388 Details of the plan confirming how the authority will contribute to the young person's support in
future should be sent to:
388 </p>
389 <ul>
390 <li>
390 The young person, their parents and others with Parental Responsibility;
390 </li>
391 <li>
391 The young person's case manager in the YOT;
391 </li>
392 <li>
392 The Governor or manager of the custodial establishment;
392 </li>
393 <li>
393 Any other agencies that would be responsible for implementing the recommendations relating to
the young person, such as a provider of supported housing;
393 </li>
394 <li>
394 Other relevant parties, with the young person's consent.
394 </li>
395 </ul>
396 <p>
396 Where the local authority has decided that it will not be providing any continuing support, the
designated manager must inform the young person, their parents and others with Parental
Responsibility; the young person's case manager in the YOT; and the Governor or manager of the
custodial establishment.
396 </p>
397 <p>
397 Where it has been agreed that the young person will need ongoing support from the local authority,
either whilst they are in custody or following release, or that the young person will need to
become Looked After again, arrangements should be made to maintain contact with the young person
whilst they remain in custody.
397 </p>
398 <h4>
398 3.5 Visits
399 </h4>
400 <p>
400 Whilst the young person remains in custody, where appropriate, they should be visited in the same
way as any other Looked After young person. That is, visits taking place at intervals of not more
than six weeks for the first year and not more than three months after that. Additional visits
should also take place if reasonably requested by the young person, the establishment or the YOT
case manager or if there are particular circumstances that require a visit. For example, it will
be good practice for the appointed representative to attend the young person's sentence planning
meetings. 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 Her Majesty's Inspectorate of Prisons.
400 </p>
401 <h4 id="long">
401 3.6 Young people serving long sentences
402 </h4>
403 <p>
403 Where young people are serving long sentences, this may involve the formerly responsible authority
negotiating with the YOT and Probation Provider about the young person's release plan in
adulthood. These services will need to be advised about whether in future the young person will be
eligible for leaving care services. The
403 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team" target="_blank"
rel="noopener">
403 Youth Custody Service (YCS) Placement Team
403 </a>
403 has additional responsibility for planning for young people on long sentences and the local
authority should inform them of their involvement and intentions.
403 </p>
404 <p>
404 If young people reach the age of 18 whilst in custody, they may be moved to an adult prison. When
a young person has been placed in custody but has been identified as likely to turn 18 whilst
serving the custodial or community element of their custodial sentence, YOTs must consult with the
holding establishment and the NPS division or CRC that they will be allocated to at age 18 and
work jointly with them to assess the young person's needs in terms of their placement in the adult
estate (young prisoner) and agree a transition plan to the Probation Provider (NPS or CRC).
404 </p>
405 <h4 id="action">
405 3.7 Action to be taken if there are concerns about the young person's safety or welfare
406 </h4>
407 <p>
407 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.
407 </p>
408 <p>
408 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
408 <a href="#request">
408 Section 3.8, How to Request a Transfer or Placement Review
408 </a>
408 .
408 </p>
409 <p>
409 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.
409 </p>
410 <h4 id="request">
410 3.8 How to Request a Transfer or Placement Review
410 </h4>
411 <p>
411 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team" target="_blank"
rel="noopener">
411 The Youth Custody Service (YCS)
411 </a>
411 carries out placement reviews to decide whether a transfer is required for a child or young
person.
411 </p>
412 <p>
412 YOTs can ask for one if they are responsible for a child or young person and:
412 </p>
413 <ul>
414 <li>
414 Their circumstances change;
414 </li>
415 <li>
415 There is a risk or issue with their current placement.
415 </li>
416 </ul>
417 <p>
417 To request a transfer, the YOT should read the
417 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674661/YCS_Placeme
nt_Review_Guidance.doc" target="_blank" rel="noopener">
417 Placement Review Guidance
417 </a>
417 and then:
417 </p>
418 <ul>
419 <li>
419 Convene a multi-disciplinary meeting to establish how risk can be managed or reduced;
419 </li>
420 <li>
420 Complete the
420 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674669/Placement
_Review_Form_YCS.docx" target="_blank" rel="noopener">
420 Placement Review Form
420 </a>
420 (Refer to the
420 <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">
420 Guidance and Tips document
420 </a>
420 for support on completing this form);
420 </li>
421 <li>
421 E-mail it to the Placement Review team at
421 <a href="mailto:YCSTransfers@justice.gov.uk" target="_blank" rel="noopener">
421 YCSTransfers@justice.gov.uk
421 </a>
421 .
421 </li>
422 </ul>
423 <p>
423 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.
423 </p>
424 <p>
424 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.
424 </p>
425 <h4>
425 3.9 Planning for release
426 </h4>
427 <p>
427 The local authority must be involved in plans for release where the plan is for the young person
to be Looked After again or for them to be provided with support in the community from
Children's Social Care, and if the young person is being considered for early release or home
curfew detention, particularly with regard to the young person's ability to cope with any
additional supervision requirements, such as electronic monitoring or an Intensive Supervision and
Surveillance Programme (ISSP); or any MAPPA arrangements that have been set on release.
427 </p>
428 <p>
428 Wherever possible, arrangements should be made for young people to visit prospective placements
and employment or educational facilities and to meet relevant practitioners before their release.
There are facilities for a young person to be granted Release on Temporary Licence (ROTL) or
Mobility to allow outside visits to take place, subject to relevant agreements.
428 </p>
429 As soon as possible and, ideally, no later than 14 days before release, the young person must know:
430 <ul>
431 <li>
431 Who is collecting them;
431 </li>
432 <li>
432 Where they will be living;
432 </li>
433 <li>
433 The reporting arrangements;
433 </li>
434 <li>
434 Sources of support - including out of hours;
434 </li>
435 <li>
435 The arrangements for education or employment;
435 </li>
436 <li>
436 Arrangements for meeting continuing health needs;
436 </li>
437 <li>
437 How and when they will receive financial support;
437 </li>
438 <li>
438 When they will be seeing their social worker;
438 </li>
439 <li>
439 The roles and responsibilities of the respective practitioners.
439 </li>
440 </ul>
441 <p>
441 It is essential that there is clarity about who is responsible for each element of the young
person's plan and the arrangements for communication and enforcement. The local authority should
record this plan and make copies available to the young person, the supervising YOT officer, IRO,
the establishment, other agencies that will be involved with supporting the young person after
release and the young person's family, if appropriate.
441 </p>
442 <h4>
442 3.10 Support in the community
443 </h4>
444 <p>
444 Sentenced young people returning to the community will continue to be supervised by the YOT. Where
the local authority has agreed to support the young person on release, the social worker will work
alongside the YOT case manager during the period of supervision. The function of the social worker
is to plan for the young person's care or for their support in the community and is different and
more extensive than that of the YOT case manager.
444 </p>
445 <p>
445 It is good practice to have some joint appointments with the young person, supervising YOT officer
and social worker, so that information is shared. The YOT should consult the local authority over
enforcement issues, particularly if there is a possibility of the young person being returned to
custody for breach of the conditions of their Notice of Supervision/Licence. Where the young
person is having difficulty in complying with their conditions, the local authority should work
with the YOT to put additional support in place. The social worker and supervising YOT officer
should keep each other informed of significant events, including any changes in service delivery
or plans.
445 </p>
446 <p>
446 Where the young person becomes Looked After, their Care Plan must be reinstated and the Placement
Plan agreed with their placement provider should include information about the support that the
placement will provide to minimise the likelihood of the young person committing further offences
in future.
446 </p>
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