6.2.2 Children in Care in Contact with Youth Justice Services

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6.2.2 Children in Care in Contact with Youth Justice Services

SCOPE OF THIS CHAPTER

This chapter summarises the responsibilities of the local authority towards Children in Care who are in contact with Youth Justice Services.

RELATED CHAPTERS

Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure

Youth Offending Service and Children's Social Care Procedure

RELEVANT GUIDANCE

The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review

Youth Justice Board (YJB) Case Management Guidance Section 3 - Manage bail and remands

Healthcare Standards for Children and Young People in Secure Settings (RCPCH)

AMENDMENT

Section 2, Children in Care who are Arrested who are Arrested was updated in May 2023 in relation to appropriate adults. The chapter was also reviewed locally and refreshed throughout in line with local procedure.

Derby City Council uses a Strengths Based Approach for all work with children and families.

Children in Care at Risk of Offending
Children in Care who are Arrested
Children in Care who are Charged with an Offence
Young People who are Remanded
Children in Care who are Convicted
Children who Receive a Community Sentence
Responsibilities of the Local Authority to Children in Care in Custody
Appendix 1: Overview of the Care Planning, Placement and Review Process Flowchart
Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions

1. Children in Care at Risk of Offending

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 children and young people from involvement with the Youth Justice System.

Consideration should be given to referring the child to the Prevention Service in their area, should they have one. A Youth Crime Prevention Officer (YCPO) can then be deployed to work with the child for up to 3 months with the aim of reducing the likelihood that the child will offend. The Youth Offending Service (YOS) where the child lives can be contacted for advice on how to access Prevention Services in their area, to meet the child's identified needs.

In areas where the Children In Care Concordat (CIC Concordat) is in place, the team providing care and accommodation for the child can also contact the Youth Offending Service in their area for advice and guidance on behavioural management strategies and to discuss direct input.

Support could also be provided by, or through, mainstream services.

Where a Child in Care is thought to be at risk of offending (or reoffending), both the Care Plan / Pathway Plan (where applicable) and the Placement Plan should include details of the support that will be provided to prevent this. The content of the Care/Pathway and Placement Plans should also be shared with any YOS professionals that are engaged in supporting the child, so that assessment and plans created in the YOS can be holistic and comprehensive.

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 child/young person's needs are not being adequately assessed.

2. Children in Care who are Arrested

It is essential that prior to arrest for any child in care, that the 10 point checklist is referred to and that Children in Care CONCORDAT protocols are followed. The CIC Concordat is in place in Derby City, but similar arrangements may be in place in other areas of the country. Whenever a Child in Care aged under 18 is arrested, the responsible local authority should ensure that the child/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 child/young person's circumstances and needs for the purposes of representing the child, including key information from the Care Plan (and Pathway Plan if applicable).

2.1 Safeguarding Children and Young People in Police Custody - Appropriate Adults

Youth Offending Services (sometimes known as Youth Justice Services) have a statutory responsibility to ensure that an Appropriate Adult service is in place that is accessed in all cases where a responsible adult (usually a parent or carer for the child) is unable or unwilling to go to the Police station to advocate for their child.

Providing an Appropriate Adult for young people under 18 years at the Police Station:

Detention can be very stressful so it is important that an Appropriate Adult attends as soon as possible to support and advocate for the child and to potentially minimise the amount of time the child or young person spends in detention. Youth Justice Board (2014) Case Management Guidance 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).

Local authorities have a statutory duty to coordinate appropriate adult services. This applies:

At all times, in and outside normal working hours, including evenings, overnight, weekends and bank holidays;
To children from the local authority's area, and to children who are from outside of their home area who are interviewed by local police.

The appropriate adult role was created by the Police and Criminal Evidence Act 1984 and its associated codes of practice known collectively as 'PACE'. PACE sets out the powers and duties of the police, the rights of people detained in a police station or attending a voluntary interview, and the role and function of the appropriate adult.

When the police interview a child (under 18 years of age) at a police station they must arrange an appropriate adult. Anyone who appears to be under 18 years where there is no other evidence to suggest otherwise, must be treated as a child.

PACE Code C 1.7 defines who may act as an appropriate adult. They can be a:

Parent;
Guardian;
Representative of the organisation responsible for the child's care;
Social worker;
Responsible person aged 18 years or over.

An appropriate adult may not be a police officer or other police employee. Appropriate adults are not subject to police vetting, but enhanced DBS checks should be undertaken for appropriate adults working with children. The appropriate adult should be someone in whom the child can have confidence; and who will advise them effectively. A person cannot be the appropriate adult if they might be a suspect, victim, witness or otherwise involved in the investigation, or have received an admission of guilt prior to attending. An estranged parent to whom the child objects should not be the appropriate adult.

The police should in the first instance contact the parent/carer and ask them to attend the police station. The appropriate adult role can be challenging for parents/carers, and explaining the role is a police responsibility. However the youth offending service/youth justice service (YOS/YJS) may contact parents/carers to offer support in being an appropriate adult, such as by providing telephone advice or sharing this video.

If it is not possible for a parent to attend, the local authority is required to provide the service. This is can be through the YOS/YJS in normal working hours and through the local authority emergency duty team outside of office hours. The youth offending/justice service can choose how to meet its statutory duty. For example, they can provide appropriate adults function, work in partnership with emergency duty teams, commission a service, or combine approaches. Appropriate adults can be employed team members, sessional staff or volunteers, but should be trained/qualified to national standards.

The appropriate adult is required to be involved:

When the child is informed of their rights;
Whenever the child's consent is required;
During a strip or intimate search;
During the police interview;
When fingerprints or samples are taken;
When the disposal decision is being made regarding further action;
When the child takes part in identification procedures.

The child also has a right to speak to their appropriate adult, in private, at any time.

Children who are detained by the police should also have a legal representative to advise and be present during the police interview. The role of the appropriate adult is distinct and different from this. The Howard League for Penal Reform and the Youth Justice Legal Centre have produced a step-by-step guide for lawyers in recognition of the particular assistance that children who are looked-after may require at the police station.

The appropriate adult has the right to ask for a solicitor to attend even if the child has declined legal advice, if they consider it to be in the child's best interests.

An appropriate adult is present to ensure that:

The child is treated in accordance with the PACE Codes of Practice;
The child's welfare is safeguarded;
The child is treated fairly;
Representations can be made on the child's behalf;
Communication between the child and the police is facilitated so that they understand what is happening.

Appropriate adults should be prepared to advocate on the child's behalf and be proactive in their engagement with the police and the child. A key consideration will be ensuring the child is not held in custody for any longer than is necessary. The YOS/YJS should be advised, usually by the Police. if there is likely to be a denial of bail so they can assess the child's circumstances to explore what other options are available. This is particularly important if a bail address is required because the child cannot return to their usual place of residence. Local policies and procedures should be followed in this respect.

The National Appropriate Adult Network (NAAN) provides standards and guidance for the delivery of appropriate adult provision. NAAN also provides:

Appropriate adult training and qualifications;
Professional development and networking events;
Online guidance for family members, practitioners, managers and commissioners;
Advice and support for appropriate adult scheme leaders.

For more information on Appropriate Adults, including their role in supporting children and young people, and who can fulfil this role, please see the National Appropriate Adult Network website.

2.2 Trafficked & Enslaved Children

Police Custody staff, YOS/YJS workers, Social Workers (where also involved in the Team Around the Child) and Appropriate Adults should be alert to the needs of children whose alleged criminal activity may be related to their having being trafficked into or around the UK for exploitation, or being exploited through Modern Slavery, including 'County Lines' related, exploitation.

Where the child's history suggests they may have been trafficked into or around the UK, or that they are being effectively enslaved or exploited by others, including being involved in 'County Lines' type criminal enterprises, 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.

A referral for an Independent Child Trafficking Advocates (ICTAs) is statutory when there is suspicion or evidence that a child is at risk of or has experienced trafficking &/or Modern Day Slavery.

The referral is often made at the time of the referral to the National Referral Mechanism (NRM) and is undertaken by the first responder. However, Case Managers and/or Social Workers must follow this up and check that this referral has been made by Police if the Police are making the NRM referral.

ICTA's are specialist professionals who support children who have been identified as trafficked or potentially trafficked to navigate the complex systems of social care, immigration and criminal justice.

The role of and ICTA is outlined in s.48 of the Modern Slavery Act 2015 and within the following Home Office interim guidance 2017:

What do ICTAs do?

Support children to understand and navigate the complex systems of social care, immigration and criminal justice;
Enable children's voices to be heard;
Ensure children are referred into the National Referral Mechanism;
Support in keeping children safe and work toward the prevention of retrafficking;
Provide advocacy, guidance and signposting to relevant services;
Raise awareness and support professionals in their work with trafficked children How to make a referral:
- Check that the child/young person lives in, is supported by a local authority in one of the three Early Adopter Sites (Derby City is);
- Send a completed referral form to our secure mailbox. The form is available in both English and Welsh. Or call the 24/7 Support Line and Barnardo's will support you to make the referral over the phone.

Contact and referral details

24/7 referral and support line: 0800 043 4303;
Email: secure inbox for CJSM compatible accounts only.
If you don't have access to a CJSM account, please ring the referral and support line.

Independent Child Trafficking Advocacy is part of the National Counter Trafficking Service. Please e-mail countertrafficking@barnardos.org.uk for general enquiries about the ICTA or National Counter Trafficking Service.

2.3 Review of Care Plan

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.

3. Children in Care who are Charged with an Offence

When a Child in Care is charged with an offence, it is important they are 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, when such placements are available; specialist placements (e.g. Remand Foster Care) to ensure there are viable alternatives to a child being remanded to Youth Detention Accommodation.

The local authority, working with the child's solicitor and the responsible YOS, should actively work towards securing bail for the child.

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.

4. Young People who are Remanded

4.1 Young people who are refused bail and remanded to Local Authority Accommodation or Youth Detention Accommodation (YDA)

Children aged 10-17 who have been refused bail may be remanded to local authority accommodation with or without conditions.

Amendments to the youth remand framework were actioned in June 2022 by the Police, Crime, Sentencing And Courts Act 2022. The overarching philosophy following the release of the PCSC Act (2022) is that children should only be remanded when it is 'very likely' that a custodial outcome would result from successful prosecution of the alleged offence and that, even when this is the case, children should only be remanded into Youth Detention Accommodation when the risk the child poses cannot be safely managed in the community and the Court is satisfied that there is no alternative mechanism for adequately dealing with the risk presented by the child in the community.

The key changes made to the youth remand framework by the PCSC Act (2022) can be summarised as follows:

10 to 17 year olds are treated according to the same remand framework and conditions for custodial remand regardless of their age and gender; the court must first consider whether to remand a child on bail;
Where the court refuses bail it should then consider whether to remand to local authority accommodation or whether, if the child is aged 12-17, the conditions for a remand to youth detention accommodation are met;
17 year olds who are remanded will be treated in the same way as younger children. They may therefore now be remanded to local authority accommodation;
A 12-17 year old can be remanded to youth detention accommodation if they meet one of two sets of conditions; the first are based on the type of offending and the second are based on the history of absconding or offending together with whether there is a real prospect of a custodial sentence; and
Every child remanded to youth detention accommodation to be treated as "looked after" by their designated local authority.

For more details, see: Legal Aid, Sentencing and Punishment of Offenders Act 2012: Amendments to the Youth Remand Framework by the Police, Crime, Sentencing and Courts Act 2022.

It remains the case that Children aged 12-17 who are refused bail can also be remanded to Youth Detention Accommodation (subject to the conditions alluded to above, and detailed in Section 4.3, Remand to Youth Detention Accommodation (YDA) being met). Even if the child was not previously Looked After, they will legally become a Child in Care when remanded, which places duties on the local authority with respect to visitation, support and access to monies and services.

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 child/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 child/young person's support should they be convicted and receive a custodial sentence.

4.1.1 Safeguarding Children and Young People in Custody

When a child or young person is remanded, the child's Social Worker should request a copy of the Complaints Procedure for the relevant secure 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.

Children/Young people who are remanded should also be provided with information which is routinely provided for all children who become Looked After. This could include for example:

Contact details for their Social Worker, Independent Reviewing Officer and other sources of support (including out of hours);
Contact details for the Children's Commissioner Advice Line (0800 528 0731/Help at Hand Team help.team@childrenscommissioner.gov.uk);
Information on the local Children's Rights/Advocacy Service/Independent Visitors for Children in Care (see Change, Grow, Live - Derby Children's Rights Service for more information).

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 case record and reported to a manager and the child's Independent Reviewing Officer (IRO). The most appropriate response will vary depending on the nature of the complaint, and the type of accommodation the child/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.

If the complaint concerns an allegation against staff, the Derby and Derbyshire Safeguarding Children Partnership Procedures, Allegations Against Staff, Carers and Volunteers Procedure should be followed. Complaints in relation to services provided by a local authority should be dealt with under the Complaints and Representations Procedure.

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 and the YOS Case Manager responsible for the remanded child.

4.1.2 Support to Families

The Family Engagement Teams of Young Offender Institutions (YOIs) must provide each child/young person's next of kin (or other appropriate person) with information about visiting, personal property, pastoral care, complaints and the sentence planning, review and resettlement arrangements. This is usually done within 48 hours of detention.

4.2 Remand to Local Authority Accommodation

Where a child is remanded to local authority accommodation, the designated local authority is responsible for identifying a suitable placement. For as long as they remain Looked After, these children are entitled to the same Care Planning and review processes as other Children in Care.

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.

Nevertheless, consideration should still be given to what longer term support or accommodation the child will need following the remand episode. If children need to remain Looked After once the period of remand has ceased, then the local authority must comply with all the requirements of the Care Planning Regulations.

4.3 Remand to Youth Detention Accommodation (YDA)

When a child or young person under 18 is remanded or sentenced to custody, the Youth Custody Service (see Youth Custody Service Placement Team) decides where they should be placed.

This comprises the following kinds of accommodation:

A Secure Children's Home (SCH);
A Secure Training Centre (STC);
A Young Offender Institution (YOI).

A court can only order a Remand to Youth Detention where certain specified conditions are satisfied. These conditions are detailed in the Legal Aid, Punishment& Sentencing of Offenders Act (2012):

Step one: age

To be eligible for a remand to youth detention accommodation the child or young person must be aged 12 to 17 years (section 91(6) and 98(2) or section 99(2)).

Where a child aged 10-11 is refused bail, they must be remanded to local authority accommodation.

Step two: legal representation

The court should consider whether the legal representation conditions have been satisfied (section 98(5) and (6) or 99(8) and (9)).

The 1st legal representation condition is that the child is legally represented before the court.

The 2nd legal representation condition is that the child is not legally represented before the court because either:

It was provided and then withdrawn because of the child's conduct or because it appeared that the child's financial resources were such that the child was not eligible for such representation; or
The child applied for such representation and the application was refused because it appeared that the child's financial resources were such that the child was not eligible for such representation; or
Having been informed of the right to apply for such representation and having had the opportunity to do so, the child refused or failed to apply.

Step three: either the first or second set of conditions

The offence

A child can only be remanded in youth detention accommodation if the offence to which the proceedings relate is imprisonable.

The 1st set of conditions

The court should first consider whether the 1st set of conditions (section 98) are met. If the offence(s) is a violent or sexual offence or one where an adult could be punished with a term of imprisonment of 14 years or more (section 98(3)) and it is very likely (under section 98 (2) (a), the sentencing condition) that the child will be sentenced to a custodial sentence for the offence mentioned in section 91(1) or one or more of those offences, then the first condition is met. If the offence and sentencing condition are met, then the court should move straight on to consideration of the necessity condition (see Step Four). If this is not the case and thus the 1st set of conditions are not met, then the court may consider the 2nd set of conditions for a remand to youth detention accommodation.

The 2nd set of conditions - history conditions

Under the 2nd set of conditions (section 99) the court should consider whether either of the two sets of history conditions set out below apply and, if so, then go on to consider whether it is very likely that the child will be sentenced to a custodial sentence for the offence(s) the court is considering under section 91 (the sentencing condition).

Under the 1st history condition (section 99(5)) the child must:

Have a recent and significant history of absconding while remanded to local authority accommodation or youth detention accommodation, and it appears to the court that the history is relevant in all the circumstances of the case; and
The offence(s) to which the proceedings relate, is alleged or was found to have been committed while remanded to local authority accommodation or youth detention accommodation.

If the 1st history condition does not apply then consideration should be given to whether the 2nd history condition applies.

Under the 2nd history condition (section 99(6)) if the offence(s) to which the proceedings relate, when taken with previous imprisonable offences for which they have been convicted, amounts to a recent and significant history of committing imprisonable offences while on bail or remand to local authority accommodation or youth detention accommodation and it appears to the court that the history is relevant in all the circumstances of the case then the 2nd history condition applies.

If either of the history conditions in sections 99(5) or (6) set out above apply, the court must additionally consider as with the 1st set of conditions, whether it is very likely that the child will be sentenced to a custodial sentence for the offence the court is considering now (section 99(3))('the sentencing condition').

When applying the sentencing condition during remand proceedings, it should be apparent from the outset that the alleged offence, taken in combination with relevant circumstances such as the defendant's previous convictions, would mostly likely warrant a custodial sentence. The court would not be expected to engage in a sentencing exercise in advance of the trial, but merely to form a view on the facts before it. If it appears not very likely that the child will receive a custodial sentence, the condition would not be satisfied and the child should not be remanded to youth detention accommodation.

Step four: the necessity condition

If the 1st set of conditions or the 2nd set of conditions are met then the court must consider (under section 98(4) or 99(7)) whether only a remand to youth detention accommodation would be adequate to:

Protect the public from death or serious personal injury (physical or psychological) occasioned by further offences committed by the child; or
Prevent the commission by the child of further imprisonable offences and that the risks posed by the child cannot be managed safely in the community.

Step five: remand to youth detention accommodation

Where a court remands a child to youth detention accommodation, the court must state in open court and in ordinary language to the child the reasons for the custodial remand and that it has considered remanding the child to local authority accommodation and the interests and welfare of the child(section 102(4)).

The reasons for the custodial remand must be given in writing to the child, the child's legal representative and the child's Youth Offending Team (section 102(5)).

4.4 Young People Remanded to Youth Detention Accommodation (YDA) who are not already Looked After

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.

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.

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 they should be offered when they return to the community to prevent (re)offending.

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.

4.5 Young People Remanded to YDA who are already Looked After

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 child/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.

When a Child in Care is remanded, their IRO should be notified as soon as possible.

4.6 The Detention Placement Plan

See Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure.

4.7 Review

The Looked After Review must focus on whether there are appropriate arrangements in place for responding to the child's needs whilst they are detained. The review of the DPP for Children 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.

The considerations that are likely to be most relevant will be:

Whether there is a DPP in place describing how the child will be supported whilst they remain Looked After as a result of being remanded;
The quality of contact with the local authority;
Arrangements for contact between the child and their family;
Whether plans for the child have taken their wishes and feelings into account;
That arrangements are in place to respond to the child's health and education and training needs;
That arrangements are in place for the child to be released from custody into suitable accommodation when the remand period ends;
That the secure establishment takes into account any specific identity and cultural needs of the child; and
Whether the child will continue to need support from children's services when the remand ceases and they may no longer be Looked After.

If the review uncovers concerns about where the child will be living or support available to them in the community, consideration may have to be given to whether the child should remain Looked After once they are no longer on remand.

Looked After Reviews of children who are on remand should always consider the child's support needs when they cease to be Looked After as a result of the remand ending.

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.

5. Children in Care who are Convicted

When a Child in Care is convicted of an offence, the child's Social Worker should provide information to the YOS Case Manager who is responsible for completing the AssetPlus (the Youth Justice Board (YJB) assessment of risk factors for offending and plan for the rehabilitation of the child). The YOS Case Manager should also consult the child's Social Worker about the content and recommendations of the Pre-Sentence Report (PSR), if the Court have requested one. The PSR is used by the court to determine the appropriate disposal (e.g. custodial or community sentence, fine or discharge), ensuring that mitigating factors arising from the child's life experiences are included and that welfare considerations are reflected in the proposed disposal.

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 YOS should be sent to the child's Social Worker and placed on the child's case record.

In cases where a custodial sentence is likely, the YOS 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.

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 child/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.

Prior agreement should be reached with the YOS 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 they are sentenced to custody. This notification should be made on the same day as sentencing and be followed up in writing.

Following sentence, the child's legal status as a Child in Care may change (see Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions).

6. Children who Receive a Community Sentence

When a child receives a community sentence, the child's Social Worker and YOS 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 they will remain a Child in Care. The Social Worker and Case Manager should factor the work each is delivering into each other's plans and share assessments so that the services received by the child as coordinated.

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).

If the court imposes a Youth Rehabilitation Order, this can be accompanied by a Local Authority Residence Requirement of up to 6 months duration. Such children are provided with accommodation under Section 21 and are therefore Looked After. The responsible local authority must be consulted before these requirements are imposed.

7. Responsibilities of the Local Authority to Children in Care in Custody

If the child receives a custodial sentence, the responsibilities of the local authority will depend on the child's care status:

If the child is subject to a Care Order under Section 31 of the Children Act 1989, they remain Looked After and there is no change to their legal status and the local authority continues to be responsible for planning and reviewing the Care Plan;
If the child was an accommodated child under Section 20 of the Children Act 1989, they will lose their Looked After status whilst serving the custodial sentence as they are not being accommodated in a placement provided by the local authority. Children in these circumstances, will however, be entitled to consideration as a former Looked After Child in custody. Local authorities have a duty to visit such children who have ceased to be Looked After;
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, they cease to be Looked After on being sentenced to custody. Where, however, the child is aged 16+ and has been Looked After for 13 weeks or more from the age of 14 years, 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';
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 children/young people, including children/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 Responsibilities of the Local Authority to Former Looked After Children and Young People in Custody Procedure).

The Youth Custody Service (YCS) Placement Service is responsible for identifying the youth detention accommodation where the child/young person will serve their sentence. The YOS 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 YOS 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 within 5 working days. The child's IRO must also be informed.

7.1 Information Sharing

Within 5 working days of the child/young person's sentence to custody, the Social Worker should provide the following information to the child/young person's YOS Case Manager and the designated case supervisor within the establishment:

The child's care status, including their entitlement to support as a care leaver;
Persons with Parental Responsibility;
Name and contact details of the allocated Social Worker, their team manager and the IRO;
Any immediate information necessary to ensure the child's safety or that of others;
Information about the child's family/carers and contact arrangements;
Information about the child/young person's needs that will enhance the establishment's ability to care for the child/young person;
The date when the Social Worker or local authority representative will be visiting the child; and
The date of any forthcoming review of the child's case.

7.2 Looked After Reviews

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.

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 child/young person is in custody, as this is a change in living arrangements. 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.

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.

The child's home YOS 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 YOS Case Manager and the nominated link person within the establishment should be involved in review meetings.

The Reviews must:

Be a child-centred process and, within the limitations that will be apparent, take into account how the child/young person wants their review meeting to be managed;
Ensure that the establishment is taking into account the child/young person's identity and cultural needs;
Take the child/young person's wishes and feelings into account;
Focus on whether the arrangements in place are appropriate for the child/young person's needs whilst they are detained;
Look at the quality of contact with the local authority;
Ensure that contact arrangements for the child/young person are appropriate;
Ensure that there are arrangements responding to the child/young person's health, education and training needs;
Consider whether Accommodation will be required when the Remand / Sentence period ceases.

7.3 Social Work Visits

The child/young person's allocated Social Worker must visit the child/young person within 1 week of being sentenced and detained.

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 child/young person, the establishment or the YOS, 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 child/young person).

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.

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.

7.4 Sentence Planning

Each child detained in a secure setting must have a Sentence Plan, supervised by the child's secure establishment Case Worker and home YOS 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.

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, they 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 YOS Case Manager prior to the meeting.

7.5 Advice, Assistance and Support between Visits

Looked After young people in custody remain entitled to advice, assistance and support between visits.

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.

Specific factors to take into consideration will be:

Is the young person safe?
Is there a risk of self-harm?
Does the young person need money, clothes, books or other practical support?
Are education staff aware of and able to meet the child/young person's educational needs, including any special needs?
Are the health unit and wing staff aware of, and able to meet, the child/young person's health needs?
Are staff aware of, and able to meet, the child/young person's religious and cultural needs?
Is the child/young person worried about anything? If so, what?
What impact has the sentence had on family relationships? Does there need to be help with contact arrangements?
What action is needed to provide for the child's placement on release?
Are changes needed to the child's Care Plan/Pathway Plan?

This assessment should be informed by the views of the YOS Case Manager, staff in the YDA, including pastoral care, education and health staff, the child and their family.

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.

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 local authority's service manager for Children in Care - being able to satisfy themselves that the arrangements in place within the secure establishment are appropriate in view of the child's individual needs.

7.6 Action to be taken if there are Concerns about the Child's Safety or Welfare

Children and young people in custody can be particularly vulnerable. Where there are concerns that the child/young person is not being safeguarded or their welfare is not being promoted (for example, relating to the quality of care the child/young person is receiving, the suitability of the type of placement or concerns around bullying, self-harm, violence or intimidation), it may be possible in the first instance to resolve the concerns by reaching agreement with the establishment directly.

If direct contact with the establishment does not lead to satisfactory resolution of the issue, external stakeholders, such as the YOS, or family members can also escalate an issue within the secure estate by reporting it as a 'Matter Of Concern', which covers the quality of care of provision a child is receiving in Youth Custody (including escorts).

To raise a matter of concern, full details of the concern plus the response from the establishment should be emailed to YCS_Matters_of_con@justice.gov.uk.

Following the raising of a 'Matter of Concern', the concern is screened for immediate safeguarding concerns and if they are apparent, the matter is escalated to the Safeguarding Manager at the Youth Custody Service (YCS). In all cases, the concern will be allocated to an Investigator and YCS admin will arrange a review meeting with the establishment, following which a formal response, including a findings report, is completed by the Investigator.

In cases where a child or young person in in the youth custody estate is exceptionally complex; a referral can be made into a Critcial Casework Panel (CCP). CCP is a multi-disciplinary panel which provides oversight, assurance and support to professionals working with the most exceptionally complex young people. A child is deemed to be exceptionally complex if they meet a number of the following markers:

A mental disorder (not requiring inpatient Mental Health Services);
An acquired brain injury;
An intellectual disability/difficulty;
A developmental disorder;
Previous experience of trauma;
Significantly problematic and challenging behaviour;
Pose a significant risk of harm to self and/or others and from others;
Require intensive support and would benefit from enhanced coordinated services;
Lack of engagement with professionals and services;
Services in current placement are not working.

The CCP will sit on a monthly basis and will have permanent representation from the following groups:

YCS Casework Team;
YCS Central Forensic Psychology Team;
Central operational representation from all three sectors (SCH's, STC's and YOIs);
NHS England.

The panel is scheduled for the first week of every month. The panel will decide if the young person meets the threshold to be a critical case. At the end of the discussion the panel will agree the frequency of reviews. On occasions where deemed necessary, advice can also be given prior to the next panel sitting. The panel will also be available to attend professional's meetings in order to provide advice, oversite, direction and decision making where necessary and appropriate.

For a young person to be considered by the CCP, full information should be shared with the panel by means of a Placement Review Form.

Where issues cannot be resolved at establishment level, and if the responsible authority is of the view that the child/young person needs to be moved to another establishment; see Section 7.7, How to Request a Transfer or Placement Review. The following should also be considered:

The local authority should inform the establishment and HM Prison and Probation Service Young People's Team that they have decided to take this course of action;
All custodial establishments have a 'Complaints Procedure' and Social Workers should ask about this at the point of the young person's admission.

7.7 How to Request a Transfer or Placement Review

The Youth Custody Service (YCS) carries out placement reviews to decide whether a transfer is required for a child or young person.

The home YOS can ask for a transfer if they are responsible for a child or young person and:

The child's circumstances change;
There is a risk or issue with their current placement.

To request a transfer, the YOS should read the Placement Review Guidance and then:

Convene a multi-disciplinary meeting to establish how risk can be managed or reduced;
Complete the Placement Review Form (Refer to the Guidance and Tips document for support on completing this form);
E-mail it to the Placement Review team at YCSTransfers@justice.gov.uk.

Other people can ask for a transfer but only the YOS and/or staff at the establishment where the child is placed should contact the YCS Placement Team.

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.

7.8 Planning for Release

Children are vulnerable in the early days after release and need considerable help, both emotionally and practically, to:

Readjust to living in open conditions;
Meet the requirements for reporting and surveillance;
Sort out finances;
Settle into appropriate accommodation;
Negotiate work or college;
Re-establish relationships with family and friends; and
Avoid situations where offending may occur.

The child's Social Worker and YOS Case Manager must work together to co-ordinate arrangements for the child's release, including arranging appropriate accommodation, 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 YOS Intervention 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; safeguarding the child's well-being; supporting the child in future; and reducing the likelihood of reoffending.

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.

The YOS 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 YOS Case Manager or local authority Social Worker, such as; education provision; accommodation; 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.

Where a review of the child/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 Initial Release Preparation Meeting which must take place no more than 1 month prior to the release date.

Release planning, including licence conditions, accommodation and Education, Training and Employment (ETE) arrangements should commence at the first Sentence Planning or Remand Planning meeting and should remain on the agenda for all subsequent meetings until the child or young person is released from custody. By prioritising Resettlement into the community from the onset, the smoothest possible transitions between custody and community are achieved.

As soon as possible, and at least by the time of the Final Release Preparation Meeting 10 working days before release, the child/young person must be told the content of both the Care Plan and the Notice of Supervision or Licence so that they are aware of:

Who is collecting them;
Where they will be living;
The reporting arrangements;
Sources of support - including out of hours services;
The arrangements for education or employment;
Arrangements for meeting continuing health needs;
How and when they will receive financial support;
When they will be seeing their Social Worker; and
The roles and responsibilities of the respective practitioners.

7.9 Support in the Community

Children in Care under sentence who are returning to the community will continue to be supervised by a YOS Case Manager. Children sentenced to Detention and Training Orders serve the second half of the term in the community and, in some cases, are eligible for Early Release; meaning they serve more than half their sentence in the community. Those on other types of sentence will also be subject to supervision in the community following release from custody. The responsible authority must maintain contact with children in care during the crucial period following their discharge from custody.

The child's Social Worker and YOS 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, YOS Case Manager and Social Worker, so information is shared and the child receives an integrated service.

The YOS 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 YOS 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 YOS or for a foster carer to text the child as a reminder or for joint appointments with the YOS Case Manager and other professionals working with the child to be arranged.

Appendix 1: Overview of the Care Planning, Placement and Review Process Flowchart

See Annex 2: Overview of the Care Planning, Placement and Review Process Flowchart of the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.

Appendix 2: Changes to Care Status as a Result of Criminal Justice Decisions

See Annex 7: Changes to Care Status as a Result of Criminal Justice Decisions of the Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.