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18 Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody
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136 <h1>
136 Responsibilities of the Local Authority to Former Looked After Children and Young People in
Custody
136 </h1>
141 <div class="well">
142 <p>
142 This chapter is based on statutory guidance for local authorities on children who lose their
looked-after status when remanded or sentenced to custody. See,
142 <a
href="https://www.gov.uk/government/publications/children-act-1989-former-looked-after-child
ren-in-custody" target="_blank" rel="noopener">
142 Children Act 1989: former looked-after children in custody
142 </a>
142 .
142 </p>
143 <p class="bold">
143 RELATED CHAPTERS/STANDARDS
143 </p>
144 <p>
144 <a href="p_lac_yp_youth.html">
144 Looked After Children and Young People In Contact With Youth Justice Services Procedure
144 </a>
144 </p>
145 <p>
145 <a href="p_rem_la_yth_det_accomm.html">
145 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
145 </a>
145 </p>
145 </div>
152 <div class="section">
152 <h2 id="intro">
152 1. Introduction
152 </h2>
153 <p>
153 Some young people may cease to be looked after when they are convicted and receive a
custodial sentence (See
153 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Child
ren_Act_Guidance_2015.pdf#page=182" target="_blank" rel="noopener">
153 Annex 8: Changes to Care Status as a Result of Criminal Justice Decisions
153 </a>
153 of the Children Act 1989 Guidance and Regulations: Volume 2: Care Planning, Placement and
Case Review (2015)).
153 </p>
154 <p>
154 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.
154 </p>
155 <p>
155 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.
155 </p>
156 </div>
157 <div class="section1">
157 </div>
163 <div class="section">
163 <h2 id="relevant_yp">
163 2. 'Relevant' Young People in Custody
163 </h2>
164 <p>
164 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 their time in custody and on release.
164 </p>
165 <p>
165 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.
165 </p>
166 <p>
166 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.
166 </p>
167 For further information, see
167 <a href="p_leaving_care.html">
167 Leaving Care and Transition Procedure
167 </a>
167 .
167 </div>
168 <div class="section1">
168 </div>
174 <div class="section">
174 <h2 id="yp_in_custody">
174 3. Young People in Custody who are not 'Relevant'
174 </h2>
175 <p>
175 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).
175 </p>
176 <p>
176 In this situation, the responsible local authority must appoint a representative to visit
the young person to assess their needs.
176 </p>
177 <p>
177 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.
177 </p>
178 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.
179 <h3>
179 3.1 Notification and Visiting
179 </h3>
180 <p>
180 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.
180 </p>
181 <p>
181 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 to carry out this role. (The term 'social worker' is used
here). The role must not be fulfilled by a YOT worker.
181 </p>
182 <p>
182 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.
182 </p>
183 <p>
183 Within 5 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:
183 </p>
184 <ul>
185 <li>
185 The young person's previous care status;
185 </li>
186 <li>
186 Persons with parental responsibility for the young person;
186 </li>
187 <li>
187 The name and contact details of the social worker and team manager;
187 </li>
188 <li>
188 Any immediate information necessary to ensure the young person's safety;
188 </li>
189 <li>
189 Relevant information about the young person's family/carers and contact arrangements;
189 </li>
190 <li>
190 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;
190 </li>
191 <li>
191 The date when the social worker will be visiting the young person.
191 </li>
192 </ul>
193 <p>
193 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.
193 </p>
194 <h3>
194 3.2 Timing of visits
194 </h3>
195 <p>
195 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 (
195 <a href="files/la_guide_fom_lac_custody.pdf" target="_blank" rel="noopener">
195 Local Authority Responsibilities towards Former Looked After Children in Custody
195 </a>
195 ).
195 </p>
196 <p>
196 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.
196 </p>
197 <p>
197 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.
197 </p>
198 <h3>
198 3.3 Assessment and planning process
198 </h3>
199 <p>
199 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
199 <a href="http://www.workingtogetheronline.co.uk/" target="_blank" rel="noopener">
199 Working Together to Safeguard Children
199 </a>
199 .
199 </p>
200 <p>
200 The assessment should consider the following issues:
200 </p>
201 <ul>
202 <li>
202 Is there a risk of self harm?
202 </li>
203 <li>
203 What is the young person's emotional state?
203 </li>
204 <li>
204 Does the young person need money, clothes, books or other practical support?
204 </li>
205 <li>
205 Are education staff aware of, and able to meet, the young person's educational needs,
including any special needs or abilities?
205 </li>
206 <li>
206 Are the health unit and wing staff aware of, and able to meet, the young person's health
needs?
206 </li>
207 <li>
207 Are staff aware of, and able to meet, the young person's religious and cultural needs?
207 </li>
208 <li>
208 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?
208 </li>
209 <li>
209 Are the young person's parents able to fulfil their Parental Responsibility to the young
person whilst in custody?
209 </li>
210 <li>
210 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?
210 </li>
211 <li>
211 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?
211 </li>
212 </ul>
213 <p>
213 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.
213 </p>
214 <p>
214 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.
214 </p>
215 <p>
215 The following information must be included in the assessment:
215 </p>
216 <ul>
217 <li>
217 Is the young person's welfare being adequately safeguarded and promoted (taking account of
the young person's wishes and feelings)?
217 </li>
218 <li>
218 Are further visits required?
218 </li>
219 <li>
219 Who will keep in touch with the young person whilst they are detained? Does there need to
be help with contact arrangements?
219 </li>
220 <li>
220 Will it be in the young person's best interests to become Looked After again by the local
authority on release?
220 </li>
221 <li>
221 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?
221 </li>
222 </ul>
223 <p>
223 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.
223 </p>
224 <p>
224 Options for the young person on release will be as follows:
224 </p>
225 <ul>
226 <li>
226 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;
226 </li>
227 <li>
227 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;
227 </li>
228 <li>
228 The young person will need to become Looked After again on release;
228 </li>
229 <li>
229 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.
229 </li>
230 </ul>
231 <p>
231 A copy of the report must be given to:
231 </p>
232 <ul>
233 <li>
233 The young person;
233 </li>
234 <li>
234 Their parents or those with Parental Responsibility, unless this would not be in the young
person's interests;
234 </li>
235 <li>
235 The governor or director or registered manager of the establishment where the young person
is detained;
235 </li>
236 <li>
236 The relevant YOT case manager;
236 </li>
237 <li>
237 The local authority where the young person is being detained (if different from the
authority that formerly looked after the young person); and
237 </li>
238 <li>
238 Any other person the responsible authority considers should receive a copy of the report.
238 </li>
239 </ul>
240 <h3>
240 3.4 Decision-making
240 </h3>
241 <p>
241 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.
241 </p>
242 <p>
242 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.
242 </p>
243 <p>
243 Where the designated manager does
243 <span class="bold">
243 not
243 </span>
243 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.
243 </p>
244 <p>
244 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.
244 </p>
245 <p>
245 Details of the plan confirming how the authority will contribute to the young person's
support in future should be sent to:
245 </p>
246 <ul>
247 <li>
247 The young person, their parents and others with Parental Responsibility;
247 </li>
248 <li>
248 The young person's case manager in the YOT;
248 </li>
249 <li>
249 The Governor or manager of the custodial establishment;
249 </li>
250 <li>
250 Any other agencies that would be responsible for implementing the recommendations relating
to the young person, such as a provider of supported housing;
250 </li>
251 <li>
251 Other relevant parties, with the young person's consent.
251 </li>
252 </ul>
253 <p>
253 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.
253 </p>
254 <p>
254 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.
254 </p>
255 <h3>
255 3.5 Visits
255 </h3>
256 <p>
256 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 6 weeks for the first year and not more than 3 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.
256 </p>
257 <h3>
257 3.6 Young people serving long sentences
257 </h3>
258 <p>
258 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
258 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team"
target="_blank" rel="noopener">
258 Youth Custody Service (YCS) Placement Team
258 </a>
258 has additional responsibility for planning for young people on long sentences and the local
authority should inform them of their involvement and intentions.
258 </p>
259 <p>
259 If young people reach the age of 18 whilst in custody, they may be moved to an adult prison.
Responsibility for their supervision will then transfer from the YOT to the Probation
Provider.
259 </p>
260 <h3>
260 3.7 Action to be taken if there are concerns about the young person's safety or welfare
260 </h3>
261 <p>
261 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.
261 </p>
262 <p>
262 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
262 <a href="#request">
262 Section 3.8, How to Request a Transfer or Placement Review
262 </a>
262 .
262 </p>
263 <p>
263 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.
263 </p>
264 <h3>
264 3.8
264 <a id="request">
264 </a>
264 How to Request a Transfer or Placement Review
264 </h3>
265 <p>
265 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team"
target="_blank" rel="noopener">
265 The Youth Custody Service (YCS)
265 </a>
265 carries out placement reviews to decide whether a transfer is required for a child or young
person.
265 </p>
266 <p>
266 YOTs can ask for one if they are responsible for a child or young person and:
266 </p>
267 <ul>
268 <li>
268 Their circumstances change;
268 </li>
269 <li>
269 There is a risk or issue with their current placement.
269 </li>
270 </ul>
271 <p>
271 To request a transfer, the YOT should read the
271 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674661/YCS_P
lacement_Review_Guidance.doc" target="_blank" rel="noopener">
271 Placement Review Guidance
271 </a>
271 and then:
271 </p>
272 <ul>
273 <li>
273 Convene a multi-disciplinary meeting to establish how risk can be managed or reduced;
273 </li>
274 <li>
274 Complete the
274 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674669/Pla
cement_Review_Form_YCS.docx" target="_blank" rel="noopener">
274 Placement Review Form
274 </a>
274 (Refer to the
274 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674672/Com
pleting_the_Placement_Review_Form_Guidance_and_Tips_YCS.docx" target="_blank"
rel="noopener">
274 Guidance and Tips document
274 </a>
274 for support on completing this form);
274 </li>
275 <li>
275 E-mail it to the Placement Review team at
275 <a href="mailto:YCSTransfers@justice.gov.uk" target="_blank" rel="noopener">
275 YCSTransfers@justice.gov.uk
275 </a>
275 .
275 </li>
276 </ul>
277 <p>
277 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.
277 </p>
278 <p>
278 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.
278 </p>
279 <h3>
279 3.9 Planning for release
279 </h3>
280 <p>
280 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.
280 </p>
281 <p>
281 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.
281 </p>
282 As soon as possible and, ideally, no later than 14 days before release, the young person must
know:
283 <ul>
284 <li>
284 Who is collecting them;
284 </li>
285 <li>
285 Where they will be living;
285 </li>
286 <li>
286 The reporting arrangements;
286 </li>
287 <li>
287 Sources of support - including out of hours;
287 </li>
288 <li>
288 The arrangements for education or employment;
288 </li>
289 <li>
289 Arrangements for meeting continuing health needs;
289 </li>
290 <li>
290 How and when they will receive financial support;
290 </li>
291 <li>
291 When they will be seeing their social worker;
291 </li>
292 <li>
292 The roles and responsibilities of the respective practitioners.
292 </li>
293 </ul>
294 <p>
294 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.
294 </p>
295 <h3>
295 3.10 Support in the community
295 </h3>
296 <p>
296 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.
296 </p>
297 <p>
297 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.
297 </p>
298 <p>
298 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.
298 </p>
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