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136 <h1>
136 Children in Care and Young People in Contact with Youth Justice Services
136 </h1>
141 <div class="well">
142 <p class="bold">
142 RELATED GUIDANCE
143 </p>
144 <p>
144 <a href="p_rem_la_yth_det_accomm.html">
144 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
144 </a>
144 </p>
145 <p class="bold">
145 RELATED GUIDANCE
146 </p>
147 <p>
147 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Child
ren_Act_Guidance_2015.pdf" target="_blank" rel="noopener">
147 The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and
Case Review (2015)
147 </a>
147 </p>
148 <p>
148 <a
href="https://www.gov.uk/government/publications/how-to-manage-bail-and-remand/how-to-manage
-bail-and-remands-section-3-case-management-guidance" target="_blank" rel="noopener">
148 Youth Justice Board (YJB) Case Management Guidance Section 3 - Manage bail and remands
148 </a>
148 </p>
149 </div>
156 <div class="section">
156 <h2 id="lac_risk">
156 1. Children in Care at Risk of Offending
156 </h2>
157 <p>
157 Local Authorities should have strategies setting out how they will encourage positive
behaviour amongst Children in Care 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.
157 </p>
158 <p>
158 Where a Child in Care 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.
158 </p>
159 <p>
159 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.
159 </p>
160 </div>
161 <div class="section1">
161 </div>
167 <div class="section">
167 <h2 id="lac_arrested">
167 2. Children in Care who are Arrested
167 </h2>
168 <p>
168 Whenever a Child in Care 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).
168 </p>
169 <h3>
169 2.1 Safeguarding Children and Young People in Police Custody
169 </h3>
170 <p>
170 YOTs have a statutory responsibility to ensure that an Appropriate Adult service is
provided for children and young people.
170 </p>
171 
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172 <tr>
173 <td class="table_row_even">
173 <p>
173 <span class="bold">
173 Providing an Appropriate Adult for young people under 18 years at the Police Station
173 </span>
173 :
173 </p>
174 <ul>
175 <li>
175 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;
175 </li>
176 <li>
176 The following people can be an Appropriate Adult:
177 <ul>
178 <li>
178 Parent or guardian;
178 </li>
179 <li>
179 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;
179 </li>
180 <li>
180 A local authority social worker;
180 </li>
181 <li>
181 A YOT worker;
181 </li>
182 <li>
182 Another responsible adult aged over 18.
182 </li>
183 </ul>
184 </li>
185 <li>
185 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.
185 <a href="https://www.gov.uk/government/collections/case-management-guidance"
target="_blank" rel="noopener">
185 Youth Justice Board (2014) Case Management Guidance
185 </a>
185 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);
185 </li>
186 <li>
186 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
186 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/1176
82/appropriate-adults-guide.pdf" target="_blank" rel="noopener">
186 Home Office (2011) Guide for Appropriate Adults
186 </a>
186 ;
186 </li>
187 <li>
187 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;
187 </li>
188 <li>
188 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:
189 <ul>
190 <li>
190 Mental health needs;
190 </li>
191 <li>
191 Learning and communication difficulties.
191 </li>
192 </ul>
193 </li>
194 <li>
194 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.
194 </li>
195 </ul>
195 </td>
196 </tr>
197 </table>
198 <p>
198 For more information on Appropriate Adults, including their role in supporting children and
young people, and who can fulfil this role please see
198 <a
href="https://www.gov.uk/guidance/appropriate-adults-guide-for-youth-justice-professionals
" target="_blank" rel="noopener">
198 Appropriate adults: Guide for Youth Justice Professionals
198 </a>
198 .
198 </p>
199 <h3>
199 2.2 Trafficked Children
199 </h3>
200 <p>
200 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.
200 </p>
201 <h3>
201 2.3 Review of Care Plan
201 </h3>
202 <p>
202 Whenever a young person is arrested, consideration should be given to reviewing their Care
Plan to ensure that it contains measures to reduce the risk of (re)offending.
202 </p>
203 </div>
204 <div class="section1">
204 </div>
210 <div class="section">
210 <h2 id="looked_aft_child_off">
210 3. Children in Care Who are Charged with an Offence
210 </h2>
211 <p>
211 When a Child in Care is charged with an offence, it is important s/he is not disadvantaged
and refused bail because of their status as a Child in Care. 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.
211 </p>
212 <p>
212 The local authority, working with the child's solicitor and the responsible YOT, should
actively work towards securing bail for the child.
212 </p>
213 <p>
213 Whenever a Child in Care 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.
213 </p>
214 </div>
215 <div class="section1">
215 </div>
221 <div class="section">
221 <h2 id="yp_remanded">
221 4. Young People Who Are Remanded
221 </h2>
222 <p>
222 See also
222 <a href="p_rem_la_yth_det_accomm.html">
222 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure
222 </a>
222 .
222 </p>
223 <h3>
223 4.1 Young people who are refused bail and remanded to Local Authority Accommodation or Youth
Detention Accommodation (YDA)
223 </h3>
224 <p>
224 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 a Child in Care, they will become a Child in Care when
remanded.
224 </p>
225 <p>
225 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.
225 </p>
226 <h4>
226 4.1.1 Safeguarding Children and Young People in Custody
226 </h4>
227 <p>
227 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.
227 </p>
228 <p>
228 Young people who are remanded should also be provided with information which is routinely
provided for all Children in Care. This could include for example:
228 </p>
229 <ul>
230 <li>
230 Contact details for their Social Worker, Independent Reviewing Officer and other sources
of support (including out of hours);
230 </li>
231 <li>
231 Contact details for the Children's Commissioner Advice Line (0800 528 0731 /
231 <a href="mailto:advice.team@childrenscommissioner.gov.uk" target="_blank"
rel="noopener">
231 advice.team@childrenscommissioner.gov.uk
231 </a>
231 );
231 </li>
232 <li>
232 Information on the local Children's Rights / Advocacy Service / Independent Visitors for
Children in Care.
232 </li>
233 </ul>
234 <p>
234 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.
234 </p>
235 <p>
235 If the complaint concerns an allegation against staff, the
235 <a
href="https://www.proceduresonline.com/pancheshire/warrington/p_alleg_against_staff.html
" target="_blank" rel="noopener">
235 Warrington Safeguarding Partnership Procedures, Allegations Against Staff or Volunteers
Procedure
235 </a>
235 should be followed. Complaints in relation to services provided by a local authority should
be dealt with under the
235 <a href="p_reps_complaints.html">
235 Complaints and Representations Procedure
235 </a>
235 .
235 </p>
236 <p>
236 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.
236 </p>
237 <p>
237 See also
237 <a href="#action_to_be">
237 Section 7.6, Action to be Taken if there are Concerns about the Child's Safety or Welfare
237 </a>
237 .
237 </p>
238 <h4>
238 4.1.2 Support to Families
238 </h4>
239 <p>
239 Within forty 8 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.
239 </p>
240 <p>
240 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.
240 </p>
241 <h3>
241 4.2 Remand to Local Authority Accommodation
241 </h3>
242 <p>
242 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 on remand,
these children are entitled to the same care planning and review processes as other Children
in Care.
242 </p>
243 <p>
243 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.
243 </p>
244 <p>
244 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 a
Child in Care once the period of remand has ceased, then the local authority must comply
with all the requirements of the Care Planning Regulations.
244 </p>
245 <h3>
245 4.3 Remand to Youth Detention Accommodation (YDA)
245 </h3>
246 <p >
246 When a child or young person under 18 is remanded or sentenced to custody, the
246 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team"
target="_blank" rel="noopener">
246 Youth Custody Service
246 </a>
246 decides where they should be placed.
246 </p>
247 <p>
247 This comprises the following kinds of accommodation:
247 </p>
248 <ul>
249 <li>
249 A secure children's home;
249 </li>
250 <li>
250 A secure training centre;
250 </li>
251 <li>
251 A young offender institution.
251 </li>
252 </ul>
253 <p>
253 A court can only order a Remand to Youth Detention where certain specified criteria are met:
253 </p>
254 <ul>
255 <li>
255 The child has reached the age of 12; and
255 </li>
256 <li>
256 Either the child is legally represented before the court or legal representation has been
withdrawn/refused; and
256 </li>
257 <li>
257 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
257 </li>
258 <li>
258 The child has a recent history of absconding from remand/committing offences whilst on
remand; and
258 </li>
259 <li>
259 It is necessary to protect the public/prevent further offences.
259 </li>
260 </ul>
261 <h3>
261 4.4 Young People Remanded to Youth Detention Accommodation (YDA) who are not already
Children in Care
261 </h3>
262 <p>
262 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.
262 </p>
263 <p>
263 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.
263 </p>
264 <p>
264 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.
264 </p>
265 <p>
265 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.
265 </p>
266 <h3>
266 4.5 Young People Remanded to YDA who are already Children in Care
266 </h3>
267 <p>
267 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.
267 </p>
268 <p>
268 When a Child in Care is remanded, the IRO should be notified as soon as possible.
268 </p>
269 <h3>
269 4.6 The Detention Placement Plan
269 </h3>
270 <p>
270 See
270 <a href="p_rem_la_yth_det_accomm.html#det_place_plan">
270 Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure,
Detention Placement Plans
270 </a>
270 .
270 </p>
271 <h3>
271 4.7 Review
271 </h3>
272 <p>
272 The Case 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 Child in
Care, 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.
272 </p>
273 <p>
273 The considerations that are likely to be most relevant will be:
273 </p>
274 <ul>
275 <li>
275 Whether there is a DPP in place describing how the child will be supported whilst they
remain Children in Care as a result of being remanded;
275 </li>
276 <li>
276 The quality of contact with the local authority:
276 </li>
277 <li>
277 Arrangements for contact between the child and their family;
277 </li>
278 <li>
278 Whether plans for the child have taken their wishes and feelings into account;
278 </li>
279 <li>
279 That arrangements are in place to respond to the child's health and education and training
needs;
279 </li>
280 <li>
280 That the secure establishment takes into account any specific identity and cultural needs
of the child; and
280 </li>
281 <li>
281 Whether the child will continue to need support from children's services when the remand
ceases and they may no longer be Looked After.
281 </li>
282 </ul>
283 <p>
283 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
in Care once they are no longer on remand.
283 </p>
284 <p>
284 Case 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.
284 </p>
285 <p>
285 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.
285 </p>
286 </div>
287 <div class="section1">
287 </div>
293 <div class="section">
293 <h2 id="la_yp_convicted">
293 5. Children in Care Who Are Convicted
293 </h2>
294 <p>
294 When a Child in Care 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.
294 </p>
295 <p>
295 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.
295 </p>
296 <p>
296 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 their family by explaining what will happen
and how the child will be supported during and after their time in custody.
296 </p>
297 <p>
297 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.
297 </p>
298 <p>
298 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.
298 </p>
299 <p>
299 Following sentence, the child's legal status as a Child in Care may change (see
299 <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">
299 Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions
299 </a>
299 below).
299 </p>
300 <p>
300 See also
300 <a href="p_respons_loc_auth.html">
300 Responsibilities of the Local Authority to Former Children in Care and Young People in
Custody Procedure
300 </a>
300 .
300 </p>
301 </div>
302 <div class="section1">
302 </div>
308 <div class="section">
308 <h2 id="children_community_sentence">
308 6. Children who Receive a Community Sentence
308 </h2>
309 <p>
309 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 Child in Care.
309 </p>
310 <p>
310 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).
310 </p>
311 <p>
311 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 Children in Care. The responsible local authority must be consulted
before these requirements are imposed.
311 </p>
312 </div>
313 <div class="section1">
313 </div>
319 <div class="section">
319 <h2 id="respons">
319 7. Responsibilities of the Local Authority to Children in Care in Custody
319 </h2>
320 <p>
320 If the child receives a custodial sentence, the responsibilities of the local authority will
depend on the child's care status:
320 </p>
321 <ul>
322 <li>
322 If the child is subject to a Care Order under Section 31 of the Children Act 1989, they
remain a Child in Care 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;
322 </li>
323 <li>
323 If the child was an accommodated child, they will lose their Child in Care 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 Child in Care in custody. Local Authorities have a duty to visit
such children who have ceased to be looked after;
323 </li>
324 <li>
324 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 Child
in Care 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';
324 </li>
325 <li>
325 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 their
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
325 <a href="p_respons_loc_auth.html">
325 Responsibilities of the Local Authority to Former Children in Care and Young People in
Custody Procedure
325 </a>
325 ).
325 </li>
326 </ul>
327 <p>
327 The
327 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team"
target="_blank" rel="noopener">
327 Youth Custody Service (YCS) Placement Service
327 </a>
327 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
327 <span class="bold">
327 within 5 working days
327 </span>
327 . The child's IRO must also be informed.
327 </p>
328 <h3>
328 7.1 Information Sharing
328 </h3>
329 <p>
329 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:
329 </p>
330 <ul>
331 <li>
331 The child's care status, including their entitlement to support as a care leaver;
331 </li>
332 <li>
332 Persons with Parental Responsibility;
332 </li>
333 <li>
333 Name and contact details of the allocated social worker, their team manager and the IRO;
333 </li>
334 <li>
334 Any immediate information necessary to ensure the child's safety or that of others;
334 </li>
335 <li>
335 Information about the child's family/carers and contact arrangements;
335 </li>
336 <li>
336 Information about the young person's needs that will enhance the establishment's ability
to care for the young person;
336 </li>
337 <li>
337 The date when the social worker or local authority representative will be visiting the
child; and
337 </li>
338 <li>
338 The date of any forthcoming review of the child's case.
338 </li>
339 </ul>
340 <h3>
340 7.2 Case Reviews
340 </h3>
341 <p>
341 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.
341 </p>
342 <p>
342 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 their needs on release, particularly their
placement needs.
342 </p>
343 <p>
343 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.
343 </p>
344 <p>
344 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.
344 </p>
345 <p>
345 The Reviews must:
345 </p>
346 <ul>
347 <li>
347 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;
347 </li>
348 <li>
348 Ensure that the establishment is taking into account the young person's identity and
cultural needs;
348 </li>
349 <li>
349 Take the young person's wishes and feelings into account;
349 </li>
350 <li>
350 Focus on whether the arrangements in place are appropriate for the young person's needs
whilst they are detained;
350 </li>
351 <li>
351 Look at the quality of contact with the local authority;
351 </li>
352 <li>
352 Ensure that contact arrangements for the young person are appropriate;
352 </li>
353 <li>
353 Ensure that there are arrangements responding to the young person's health, education and
training needs;
353 </li>
354 <li>
354 Consider whether Accommodation will be required when the Remand / Sentence period ceases.
354 </li>
355 </ul>
356 <h3>
356 7.3 Social Work Visits
356 </h3>
357 <p>
357 The young person's allocated social worker must visit the young person
357 <span class="bold">
357 within one week
357 </span>
357 of being sentenced and detained.
357 </p>
358 <p>
358 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).
358 </p>
359 <p>
359 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.
359 </p>
360 <p>
360 The purpose of the visits is to keep in touch with the child, assess their 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.
360 </p>
361 <h3>
361 7.4 Sentence Planning
361 </h3>
362 <p>
362 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 their time in custody and, for
sentenced children, on release into the community. It is aimed primarily at reducing the
risk of (re)offending.
362 </p>
363 <p>
363 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
363 </p>
364 <p>
364 (See also
364 <a href="#planning">
364 Section 7.8, Planning for Release
364 </a>
364 ).
364 </p>
365 <h3>
365 7.5 Advice, Assistance and Support between Visits
365 </h3>
366 <p>
366 Children in Care in custody remain entitled to advice, assistance and support between
visits.
366 </p>
367 <p>
367 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:
367 </p>
368 <p>
368 Specific factors to take into consideration will be
368 </p>
369 <ul>
370 <li>
370 Is the young person safe?
370 </li>
371 <li>
371 Is there a risk of self-harm?
371 </li>
372 <li>
372 Does the young person need money, clothes, books or other practical support?
372 </li>
373 <li>
373 Are education staff aware of and able to meet the young person's educational needs,
including any special needs?
373 </li>
374 <li>
374 Are the health unit and wing staff aware of, and able to meet, the young person's health
needs?
374 </li>
375 <li>
375 Are staff aware of, and able to meet, the young person's religious and cultural needs?
375 </li>
376 <li>
376 Is the young person worried about anything? If so, what?
376 </li>
377 <li>
377 What impact has the sentence had on family relationships? Does there need to be help
with contact arrangements?
377 </li>
378 <li>
378 What action is needed to provide for the child's placement on release?
378 </li>
379 <li>
379 Are changes needed to the child's care plan/pathway plan?
379 </li>
380 </ul>
381 <p>
381 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 their family.
381 </p>
382 <p>
382 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.
382 </p>
383 <p>
383 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 Children
in Care'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.
383 </p>
384 <h3>
384 7.6
384 <a id="action_to_be">
384 </a>
384 Action to be Taken if there are Concerns about the Child's Safety or Welfare
384 </h3>
385 <p>
385 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.
385 </p>
386 <p>
386 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
386 <a href="#request">
386 Section 7.7, How to Request a Transfer or Placement Review
386 </a>
386 .
386 </p>
387 <p>
387 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.
387 </p>
388 <p>
388 All custodial establishments have a 'Complaints Procedure' and social workers should ask
about this at the point of the young person's admission.
388 </p>
389 <h3>
389 7.7
389 <a id="request">
389 </a>
389 How to Request a Transfer or Placement Review
389 </h3>
390 <p>
390 <a href="https://www.gov.uk/guidance/youth-custody-service-placement-team"
target="_blank" rel="noopener">
390 The Youth Custody Service (YCS)
390 </a>
390 carries out placement reviews to decide whether a transfer is required for a child or young
person.
390 </p>
391 <p>
391 YOTs can ask for one if they are responsible for a child or young person and:
391 </p>
392 <ul>
393 <li>
393 Their circumstances change;
393 </li>
394 <li>
394 There is a risk or issue with their current placement.
394 </li>
395 </ul>
396 <p>
396 To request a transfer, the YOT should read the
396 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674661/YCS_P
lacement_Review_Guidance.doc" target="_blank" rel="noopener">
396 Placement Review Guidance
396 </a>
396 and then:
396 </p>
397 <ul>
398 <li>
398 Convene a multi-disciplinary meeting to establish how risk can be managed or reduced;
398 </li>
399 <li>
399 Complete the
399 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/674669/Pla
cement_Review_Form_YCS.docx" target="_blank" rel="noopener">
399 Placement Review Form
399 </a>
399 (Refer to the
399 <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">
399 Guidance and Tips document
399 </a>
399 for support on completing this form);
399 </li>
400 <li>
400 E-mail it to the Placement Review team at
400 <a href="mailto:YCSTransfers@justice.gov.uk" target="_blank" rel="noopener">
400 YCSTransfers@justice.gov.uk
400 </a>
400 .
400 </li>
401 </ul>
402 <p>
402 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.
402 </p>
403 <p>
403 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.
403 </p>
404 <h3>
404 7.8
404 <a id="planning">
404 </a>
404 Planning for Release
404 </h3>
405 <p>
405 Children are vulnerable in the early days after release and need considerable help, both
emotionally and practically, to:
405 </p>
406 <ul>
407 <li>
407 Readjust to living in open conditions;
407 </li>
408 <li>
408 Meet the requirements for reporting and surveillance;
408 </li>
409 <li>
409 Sort out finances;
409 </li>
410 <li>
410 Settle into appropriate accommodation;
410 </li>
411 <li>
411 Negotiate work or college;
411 </li>
412 <li>
412 Re-establish relationships with family and friends; and
412 </li>
413 <li>
413 Avoid situations where offending may occur.
413 </li>
414 </ul>
415 <p>
415 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.
415 </p>
416 <p>
416 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.
416 </p>
417 <p>
417 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.
417 </p>
418 <p>
418 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.
418 </p>
419 <p>
419 As soon as possible, and at least by the time of the final sentence planning 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:
419 </p>
420 <ul>
421 <li>
421 Who is collecting them;
421 </li>
422 <li>
422 Where s/he will be living;
422 </li>
423 <li>
423 The reporting arrangements;
423 </li>
424 <li>
424 Sources of support - including out of hours;
424 </li>
425 <li>
425 The arrangements for education or employment;
425 </li>
426 <li>
426 Arrangements for meeting continuing health needs;
426 </li>
427 <li>
427 How and when s/he will receive financial support;
427 </li>
428 <li>
428 When s/he will be seeing their social worker; and
428 </li>
429 <li>
429 The roles and responsibilities of the respective practitioners.
429 </li>
430 </ul>
431 <h3>
431 7.9 Support in the Community
431 </h3>
432 <p>
432 Children in Care, 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.
432 </p>
433 <p>
433 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.
433 </p>
434 <p>
434 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 their supervision
requirements. Where the child is having difficulty in complying with their 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.
434 </p>
435 </div>
436 <div class="section1">
436 </div>
442 <div class="section">
442 <h2 id="app1">
442 Appendix 1: Overview of the Care Planning, Placement and Review Process Flowchart
442 </h2>
443 <p>
443 See
443 <a
href="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/441643/Child
ren_Act_Guidance_2015.pdf#page=168" target="_blank" rel="noopener">
443 Annex 2: Overview of the Care Planning, Placement and Review Process Flowchart
443 </a>
443 of the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and
Case Review (2015).
443 </p>
444 </div>
445 <div class="section1">
445 </div>
451 <div class="section">
451 <h2 id="app2">
451 Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions
451 </h2>
452 <p>
452 See
452 <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">
452 Annex 8: Changes to Care Status as a Result of Criminal Justice Decisions
452 </a>
452 of the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and
Case Review (2015).
452 </p>
453 </div>
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454 </div>
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491 <script src="js/dmss.js" defer>
491 </script>
492 <script type="text/javascript"
src="https://cabbiepete.github.io/jQuery-Share-Email/js/jquery.tmpl.min.js" defer>
492 </script>
494 <script type="text/javascript" src="js/jQuery.print.js" defer>
494 </script>
495 <script src="js/jquery.shareemail.js" type="text/javascript" defer>
495 </script>
496 <script src="js/cookie-code/jquery.cookiebar.js" defer>
496 </script>
499 <a id="scrollup">
499 <i class="up">
499 </i>
499 </a>
500 <div id="background">
501 <p id="bg_text">
501 Trix procedures
501 </p>
502 <p id="bg_text_msg">
502 Only valid for 48hrs
502 </p>
503 </div>
508 <script type="text/javascript">
516 </script>
519 </body>
520 </html>