5.1.13 Safeguarding Children and Young People in Custody |
Contents
1. Introduction and Background
2. Working Together with Young People in Custody
| 2.1 | LegSal status of young people looked after, and/or in custody(see Flow Chart 1 and Flow Chart 2) |
The legal status of a young person is central to how their needs should be met within custody and beyond. The term 'looked after' includes the following groups -
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| 2.2 | The Youth Offending Team and Children's Social Work Teams in Blackpool |
| 2.2.1 | These parts of the service are brought together within Social Work and Safeguarding in Blackpool Borough Council. This is the key relationship in terms of statutory duties and services to young people in custody. The primary duty of the YOT worker is to address offending behaviour and prevent re-offending (section 37(1) of The Crime and Disorder Act 1998. A young person's social worker may be appointed from across a variety of teams within Social Work and Safeguarding. Children's Social Work Teams (CSWT) hold the wider duty to provide services to a child in need (section 17 Children Act 1989) or at risk of harm (section 47 Children Act 1989). From 2008 children's social work teams in Blackpool will be organised on a locality basis from assessment through to longer planning and intervention. The extent and nature of involvement between the YOT and the Children's Social Work Team will vary according to the status of the young person prior to custody and their assessed need and should reflect the following principles -
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| 2.2.2 | Young people entering custody/secure establishments who were not previously known to a CSWT in Blackpool are most likely to have services provided to them by the Youth Offending Team. If they have become looked after as a result of a remand this must be referred to the First Response and Assessment Service the same day or in advance if the YOT worker anticipates or recommends a remand outcome. (See Appendix 1 -Flow chart of actions). |
| 2.2.3 | Young People entering custody who were previously been provided with services on a child in need basis will require additional decisions and information sharing. The YOT key worker should make contact with the allocated social worker to request information about their involvement, including any assessments undertaken (LAC Circular 2004/26). In addition, the YOT worker should consider the need for a further referral to the appropriate social work team prior to release, if they anticipate that the young person will be a child in need on release. |
| 2.2.4 | Young people who enter custody who are already looked after by virtue of a Care Order (s31 Children Act 1989) will maintain their looked after status. The key social worker will remain responsible for coordinating the overall Care Plan for the young person. The YOT worker should liaise closely with the key worker as part of their work to address offending behaviour. The key worker will continue to have responsibility for promoting contact, consistent with the best interest of the young person. Planning for the placement and support needs of the young person upon their release should be a key focus from the point of entering custody. |
| 2.2.5 | Young people who were looked after by the Local Authority prior to entering custody via a voluntary agreement (section 20 Children Act 1989) do not automatically retain their looked after status. Their legal status will depend on their criminal status and the context of their placement (see Appendix 4 & Appendix 5; ). It is important that the establishment taking over care of the young person is given the same quality of information as one would propose for a young person moving between two 'care' placements, and the key social worker should visit the young person in custody and attend the initial planning meeting to ensure this transition is effective. NCB research (2006) highlights strongly that young people value relationships, any many felt abandoned by their social workers upon entering custody. There is an assumption that the young person will continue to be looked after on their release, unless an updated assessment suggests otherwise (LAC Circular 2004/26). The Local Authority in which the custodial establishment is situated should identify the authority where the young person will live on release and that authority is required to undertake an assessment of need, including the need for accommodation. There is an expectation therefore that the Local Authority will maintain contact with the young person in question. Any proposal that the Social Work Team close the case should be agreed between the respective YOT and Children's Social Work Team manager and informed by clear agreement about how the needs of the young person will be met whilst they are in custody and after they are released. |
| 2.2.6 | The social worker's initial visit to the child in custody should cover the following -
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| 2.2.7 | A young person entering custody who has not previously been involved with a Children's Social Work Team may have needs that can be met within the scope of the Youth Offending Team - that is, their needs are primarily associated with preventing/reducing offending. In this circumstance the appropriate YOT worker will undertake the duties in relation to the child's looked after status. However, young people who are committing offences can also be children in need, including in need of protection, and such young people will require a coordinated plan to meet their needs. It is essential therefore that such need is identified via either a Common Assessment Framework (CAF) process, or a Multi-Agency Referral (MARF) to Children's Services and officers in YOT need to be clear about the process for making referrals. It is not possible to outline every circumstance requiring a referral to the appropriate locality Social Work Team however this would include -
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| 2.2.8 | The Children's Social Work Team will, where appropriate, undertake an Initial Assessment or section 47 investigation. The outcome of this assessment must be shared between the YOT Operational Manager and the Senior Social Worker or Team Manager. This will enable agreement to be reached as to the needs of the child and the responsibilities of the respective agencies in meeting these needs. The basis of this plan should be set out at the first Looked After Child Review (within 4 weeks of the start of the looked after status), and any disagreements about respective roles and responsibilities highlighted. |
| 2.2.9 | Young people leaving custody/secure establishments should have a release plan developed before they leave. If the child has remained looked after by virtue of a Care Order, or were looked after prior to going into custody, this release plan must be contributed to by the appropriate social worker. This plan should cover the following areas -
As stated earlier, young people who have been looked after for 13 weeks since their 14th birthday, and are detained on their 16th birthday have entitlement for services under the Leaving Care Act 2000 (as relevant young people), regardless of their period in custody. On this basis they are entitled to a Pathway Assessment from 15 and a half years, and a Pathway Plan from 16 years and three months. Social Work and Safeguarding Leaving Care Service will undertake this work. It is essential that their future entitlement be highlighted at the earliest stage so that clarity can be reached about ongoing support. See Appendix 3 re Leaving Care Service. |
| 2.2.10 | The Quality Assurance Department within Children's Services has responsibility for independently reviewing care plans for all looked after children, and pathway plans for young people (up to 18 years, and thereafter on a discretionary basis). This role incorporates monitoring the effectiveness of the planning process and joint working and is centrally important to young people within or leaving custody in light of the instability and frequent moves that can be experienced by this group. |
| 2.2.11 | Young people who are convicted of offences and sentenced to custody will serve their sentence within a YOI, STC or SCH. They will not have LAC status unless by virtue of a prior Care Order. If a child has been looked after immediately prior to going to custody (even if this LAC status was acquired by virtue of a remand) then the appropriate social worker must assess and plan for meeting their needs, including accommodation if required, on release. This will require in most circumstances that the social work team remain involved and in contact with the young person during the sentence period. If the young person has been sentenced to a lengthy period of custody and it is proposed that they will be supported only by YOT then clarification should be reached as to -
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| 2.2.12 | If there is uncertainty about which Local Authority is responsible on release (i.e. the holder of Parental Responsibility is in another area then this issue must be referred to the YJB in advance of release so that the appropriate authority can be designated. Young people often serve relatively short periods on remand or sentenced as part of a Detention Training Order. This requires decisions about their care and support post release to be considered from the outset. Young people aged 16 and 17 years remain entitled to support and protection under sections 17 (child in need), 20 (in need of accommodation) and 47 (at risk of harm) of the Children Act 1989 and these functions are the responsibility of the appropriate Children's Social Work Teams. In S v London Borough of Sutton EWCA Civ 790 The Court of Appeal affirmed the responsibility to provide accommodation to a vulnerable young person under section 20 of the Children Act 1989, and criticised the attempt by L.B Sutton to pass this responsibility to the Housing Department (See Appendix 6). |
| 2.2.13 | Checklists for the roles and responsibilities of key professionals in relation to young people in custody are attached at Appendix 2. |
| 2.3 | Young People Entering Custody |
| 2.3.1 | The ASSET document is the central means by which the YOT worker gathers information and makes judgements about issues of vulnerability/need. It is essential that all young people entering custody do so with a completed ASSET that properly identifies their needs and particularly any potential vulnerability. The ASSET assessment will identify the need for other work to be undertaken, and this should accompany the young person. This includes a Risk of Serious Harm Assessment, a Vulnerability Management Plan and a Risk Management Plan. All young people should also arrive with a completed Post-Court Report. In 2004-5 over a quarter of young people arrived at one YOI without the relevant paperwork (quoted by Home Office response to the Lambert Report 2006) The Youth Offending Team should ensure that robust systems of quality assurance and supervision of Asset's are in place, in response to criticism of the effectiveness of the ASSET at a national level (Home Office Response to Comments and Recommendations in the Lambert Report 2006). YOT officers undertaking ASSET's should have access to the 'Managing Risk in the Community' training pack to enhance inter-agency working. If a secure placement is anticipated the YOT worker must provide the Youth Justice Board, whose job it is to manage and allocate placements in the secure estate, with key information in advance of a secure place being allocated. This information includes -
It is clear that this information will be enhanced with information from the Children's Services Social Worker, where applicable. |
| 2.3.2 | The Youth Justice Board, via their Placement Protocol, undertakes the allocation of placements within the secure estate. The Serious Case Review Panel (convened by Lancashire Safeguarding Children Board) following the death of A.R in 2004 highlighted the financial and resource context of these decisions and emphasised the impact on A.R of being placed in Durham (his family lived in Burnley). This factor and his high expectations of being released were found to be key factors leading to his tragic suicide. The SCRP recommendations included provision for YOT workers making courts specifically aware of issues of vulnerability. It was also recommended that when a young person is placed more than 50 miles from home an immediate transfer request be made to the YJB, unless there are strong indicators that his is not appropriate. If a YOT officer regards a placement in a YOI as having been made inappropriately they should initiate dialogue with the establishment and YJB Placement team as early as possible to seek an alternative placement. YOT officers should also be vigilant to the impact of moves within the secure estate through Prison Overcrowding Drafts. |
| 2.3.3 | Every young person will be subject to either remand or sentence planning process. These are conducted to a YJB format, and usually lead by the establishment staff. Parents, social workers and YOT workers should be invited to attend. These meetings may be combined with the LAC/Pathway Planning process, but specific preparation will be required between the YOT/SW and the Reviewing Officer (QAO) as to how the meeting should be conducted in a manner that promotes the participation of the young person. |
| 2.3.4 | Visits to young people in the secure estate are booked in advance as 'legal' or 'professional' visits, including review meetings. Clearly there will be security restrictions in place and social workers should ensure they are aware of this in advance. It can take time to gain access to a secure establishment and this should be taken into account. |
| 2.3.5 | The YOT worker and social worker should ensure the young person knows who is responsible for providing them with additional clothing and money during their period in custody. Looked After Children can be disadvantaged in this area by not receiving the kind of assistance that many others will receive from their families. |
| 2.3.6 | All secure establishments have access to independent advocacy services and young people may need to access their support. Blackpool CYPD commissions advocacy services for Looked After Children from Blackpool Advocacy. Referrals for such young people should be discussed with the Social Work and Safeguarding Service Contracts and Commissioning Department, ahead of a decision about whether the service will be provided from Blackpool, or from an agency close to the establishment. Advocates can also be used as a 'McKenzie Friend' to support the child during an internal adjudication. |
| 2.3.7 | The YJB funds social work posts across the YOI provision. There are similar posts within STC's. Their role is to act as a facilitator in ensuring that the needs of looked after children and children in need are responded to appropriately. They also play a key role when there are concerns of significant harm to a child in custody. See Annex G to Prison Service 4950 (2006) for detailed information about the role of the establishment social worker. |
| 2.3.8 | Young people under the age of 17 years who are detained at the Police Station are entitled to support from an appropriate adult (Police and Criminal Evidence Act 1984). If this support cannot be provided by a parent/carer then a sessional worker from Child Action North West will undertake this role. The key roles and responsibilities of an appropriate adult are to support, advise and assist the detainee, particularly while being questioned, to observe that the Police act properly and fairly, to assist with communication between the detainee and the Police, and to ensure the detainee understands their rights. |
| 2.3.9 | Blackpool YOT incorporates an Arrest Referral Officer, based at the Police Station. Their role is to assess all young people detained at the Police Station. The worker will potentially work with the young person for 2-6 weeks, with a view to signposting them to other support services across Blackpool. |
| 2.4 | The Educational Needs of Young People in Custody |
| 2.4.1 | The Children Act 2004 places a specific duty on Local Authorities to promote the educational attainment of young people entering custody (section 52). In practice this involves the following. Young people who are looked after remain entitled to a Personal Education Planning process (PEP) and this should be the means by which their needs are identified and met. This should clarify that the provision meets the statutory entitlement of a child who is below statutory school leaving age. If a child has been looked after prior to entering custody then it will be the responsibility of the child's social worker to ensure that appropriate information about their needs and attainment is forwarded to the establishment. It is also necessary to ensure that education needs form part of the planning for release, particularly where the child will continue to be looked after. The Youth Offending Team has an Education Worker post that should assist in the above work. National Standards require that a young person of school age receive 25 hours per week education provision after being released from custody. This will require proactive work throughout the remand/custodial period. |
| 2.4.2 | Young people placed within the Prison Service (i.e. YOI) are entitled to an education/training programme in accordance with the requirements in 'Offenders Learning Journey'. This should lead to nationally recognised accreditation and address literacy and numeracy needs. This should be supported by personal and social activities outside of formal education time. (PSO 4950 Dec 2006). |
3. Safeguarding Young People in Custody/Secure Establishments
| 3.1 | The Children Act 2004 highlighted the need for a broader focus on 'safeguarding' in constituting Local Safeguarding Children's Board's. The Act also placed a specific legal duty on all agencies to make arrangements to safeguard and promote the welfare of children (section 11). This applies across the secure estate and requires the development of broader safeguarding policies within establishments as well as specific Child Protection procedures. Local Safeguarding Children Boards that have a Secure Establishment within their geographical area will develop specific procedures for referral and investigation in relation to young people within that establishment. |
| 3.2 | As highlighted at 1.2 the provisions of s17 and s47 of the Children Act 1989 do not cease to apply to young people in secure establishments. There is a duty on all staff in such establishments to make an appropriate referral in relation to any child they believe has suffered, or is at risk of suffering harm (as defined in Working Together). In the first instance this will be to the Local Authority in whose area the establishment sits, and that authority is required to convene a strategy discussion and undertake a section 47 investigation as agreed. It is essential that workers involved with the child from their home authority are closely involved in investigating and supporting young people in these circumstances. If the cause of harm is within the establishment then it is essential that all appropriate agencies/professionals are involved in sharing information and offering support consistent with the establishments own policy (i.e anti-bullying, violence reduction etc). |
| 3.3 | If a child in a secure establishment makes an allegation against a member of staff within the establishment then the response to the allegation must ensure that the child protection issues are responded to, alongside any disciplinary action taken. If a young person makes you aware of an allegation against a member of staff you should report this to the designated senior manager within the organisation with responsibility for allegations. They have responsibility for liaising with the Local Authority Designated Officer (LADO) in the local area and agreeing necessary action. You can consult with the Blackpool LADO to clarify the process, as required. The role of the LADO is to offer advice and support to agencies where there is an allegation against an adult who works with children. |
| 3.4 | A child may make an allegation of abuse that has occurred prior to custody, or reveal information that suggests they are at risk of future/further harm when they are released. This referral will be received by the host authority ahead of a strategy discussion to decide on what basis the investigation should proceed, taking into account the need to consider whether any other children are at risk of harm. |
| 3.5 | Concern about the use of restraint techniques has been highlighted by Lancs SCRP and others (Howard League for Penal Reform/NSPCC). Particular attention has been given to the use of Pain Distraction Techniques. Secure Training Centre (Amendment) Rules 2007 permit the use of physical intervention to ensure good order and discipline. This area is subject to review by the Ministry of Justice and DfE. Workers in contact with young people in custody/secure establishments must actively address the use of physical intervention; especially where this is made to enforce compliance. The vulnerability of young people who have experienced past abuse must also be taken into consideration. Workers should ensure that the use of restraint is being properly recorded and monitored and that the young person has access to independent representation, if appropriate. Again the key message is that young people retain their rights to protection and support, notwithstanding the challenges that they may pose to establishments and agencies. |
4. Health Needs of Young People in Secure Establishments
| 4.1 | Young people in custody/secure establishments often face the kind of challenges and deficits in health outcomes associated with the wider looked after children population, as well as the additional difficulties associated with substance misuse. |
| 4.2 | The timely sharing of information and records is essential to ensure that health needs are properly understood and responded to. For looked after children this should involve the social worker in passing on up to date health information (Health Plan) to the custody/secure establishment. Blackpool PCT funds a nurse post for Looked After Children and they can assist in the identification or transmission of health records for young people moving between areas. |
| 4.3 | The YOT Health Worker should co-ordinate the health information for young people who have not previously been looked after. |
| 4.4 | Young people with substance misuse difficulties are particularly vulnerable on entering custody/secure establishments and it is essential that these needs are identified at the screening/assessment stage of their reception. This will enable appropriate treatment/detoxification and ongoing support to be put in place. The Lancashire SCRP following the death of AR emphasised the role that substance misuse difficulties played in the circumstances of AR, and the importance therefore of the above issues. Workers from Blackpool must ensure that advice is sought from specialist substance misuse services in relation to any young person in custody/secure establishment. |
5. Mental Health Needs of Young People in Secure Settings
| 5.1 | The framework for such provision is set out in 'Promoting Mental Health in Secure Settings' (DoH 2007), based on the Tier 1-4 model of CAMHS provision (NSF 9, DoH 2004). This highlights the complexity and severity of needs in this population, exacerbated by the impact of being locked up and away from home. It is suggested that in a typical SCH population 10% of sentenced males had a functional psychosis, whilst two thirds had some evidence of mental health disorder. |
| 5.2 | It is likely that young people receiving services at Tier 1 and 2 will do so via the CAMHS team that covers the area where they are living. Joint working and information sharing with professionals from the home authority will underpin comprehensive assessment and support. |
| 5.3 | Young people who require services at Tier 3 are likely to access services via a locally commissioned Mental Health In reach Team, working in conjunction with the local CAMHS services. This will include young people who require specialist assessment, ongoing care, and/or present with severe/complex disorders. |
| 5.4 | Tier 4 services are targeted at the small number of young people who have severe mental illness or complex needs arising from severe learning disability or sex offending. Such young people should not be held within custodial settings and are likely therefore to be cared for within a hospital or the Secure Forensic Mental Health Service for Young People. |
| 5.5 | One of the features of the custodial/secure population is the high rate of turnover within establishments. This is due in part to the nature of the remand/sentencing context and the demands of beds in the prison system. Whilst young people may benefit from specialist assessment and care whilst they are a 'captive audience' it is essential that their mental health needs are coordinated as part of a Resettlement and After Care Programme to ensure continuity of care. |
| 5.6 | Young people in secure settings are at increased risk of self-harm and suicide and this requires specific consideration. The importance of responding to self-harm episodes was highlighted in the SCRP re AR. It was highlighted that although genuine suicidal intent was not clear such behaviour became part of attempts to influence adults around him and was therefore not responded to in the context of a child at risk of harm. Such a finding echoes the broader thematic message from inspection findings and public inquiries that the welfare needs of young people in custody/secure establishments can get lost in the face of their offending and/or challenging behaviour. Lancs SCRP recommends that a Child Protection Referral be considered in all instances where a child has deliberately self-harmed. This should be adopted as a good practice standard for professionals from Blackpool SCB agencies working with relevant young people. As a minimum requirement there should be consultation between the YOT worker or key social worker and the establishment social work team as to the response to the child's needs, based on an understanding of the establishment procedures. |
| 5.7 | Sadly many of the lessons to be learnt about young people in custody come from inquiries into the death of young people in custody as a result of suicide. It is vital that professionals working with young people in custody/secure establishments ensure they are fully aware of incidents of self-harm and possible suicide attempts. Any episode that is felt to potentially constitute the latter should trigger a Child Protection referral and strategy discussion. Custodial establishments have specific policies to follow in such circumstances and it is important that those working with the child know what response should follow. The Prison Service uses the ACCT (Assessment, Care in Custody and Teamwork) system to respond to the needs of vulnerable young people in custody. The ACCT process sets out the Care Planning and Review in relation to self-harm/suicide attempts. |
Appendix 1 - Checklist of Actions when a young person becomes Looked After via a Court Remand.
The accommodation status of a child charged with an offence will only change in response to them committing further offences and appearing in court via the cells. A court remand to the care of the Local Authority or to a Secure Training Centre or Secure Children's Home means the child acquires (or retains) Looked After status. The YOT worker must address the following actions -
- A Common Assessment Form (CAF) to be completed and sent to the appropriate locality children's Social Work Team, accompanied by a telephone notification. This should be completed on day 1. This referral should make clear whether an assessment of need is sought; with a view to the Social Work and Safeguarding Service providing support (see 2.2.7).
- YOT administrator to create LAC placement episode within frameworki and outcome the appropriate tasks. (day 1).
- YOT worker to notify Financial Co-ordinator Children's Finance Team and Senior Independent Reviewing Officer based at Progress House (day 1).
- YOT worker to complete necessary Placement Information Record and share with carers and parents (day 1).
- YOT worker to convene an Remand Planning Meeting (within 1 week). If there is an allocated social worker within a CSWT (on a LAC or CIN basis) they should also attend this meeting.
- YOT worker to arrange a LAC Review via the identified QA Officer - to take place within 28 days of placement.
Appendix 2 - Roles and Responsibilities Checklists.
The checklists below are taken from the National Children's Bureau (NCB) 2006 report 'Tell them not to forget about us'. They reflect good practice with young people in custody and should be read alongside the requirements of this protocol for professionals within Blackpool SCB. Checklists for good practice in reducing offending by looked after children are provided in the NACRO handbook (NACRO 2005). The following checklists develop those messages for young people who are at risk of, or who are, remanded or sentenced to custody.
Social Worker
When a looked after child or care leaver is arrested and/or charged with a criminal offence, you are responsible for:
- Ensuring that the child is accompanied by an appropriate adult and, if necessary, has access to legal representative.
- Sharing relevant information with the YOT about the child's needs, circumstances and plans.
- Working with the YOT to provide a package of support to maximise the child's chances of getting bail.
- Contributing relevant information and advice to the YOT for the pre-sentence report.
- Accompanying the child to court or arranging for a parent/carer to do so.
- Considering how to prevent the child offending in future.
If the child is remanded or sentenced to custody, you are responsible for:
- Providing essential information to the custodial establishment, including any risks that the child may pose to self or others, both verbally and in writing.
- Visiting the child within one week and beginning an assessment of needs.
- Supporting the child to have contact with family and friends.
- Making a plan as to how the child's needs will be met in custody and on release.
- Confirming the plan and review process with line manager/independent reviewing officer.
- Implementing the aspects of the plan you are responsible for, including financial support and accommodation.
- Keeping in touch with the child whilst in custody.
- Liaising with a designated link worker within the establishment and the child's YOT worker.
- Contributing to the sentence planning process, particularly the release plan, and making sure that it is suitable for the child's abilities and needs.
- Supporting the child after release.
YOT Worker
If a looked after child or care leaver is arrested and/or charged with an offence, you are responsible for:
- Establishing the child's care status, including entitlement to leaving care services.
- Sharing relevant information with the child's social worker.
- Working with the social worker to prevent the child from committing further offences.
- Establishing relevant information from the social worker to inform the content of ASSET and the recommendation s of the pre-sentence report.
- Working with the social worker to maximize the child's chances of bail.
If the child is remanded or sentenced to custody, you are responsible for:
- Ensuring that the custodial establishment is aware of the child's care status and social worker's contact details.
- Liaising with the social worker and contributing to children's services planning and review processes.
- Involving the social worker in the sentence planning process and making sure the plans are compatible.
- Ensuring that release plans and intervention include the role of the social worker, and reflect their assessment of the child's abilities and need.
- Maintaining contact with the social worker after the child is released.
Link Worker within custodial establishment
If you are the link worker for a looked after child/care leaver you are responsible for:
- Eliciting relevant information about the child's needs, circumstances and plans from the social worker.
- Advising the social worker on how the regime works.
- Informing the social worker of relevant events concerning the child within the establishment.
- Attending children's services planning and review meetings, if the child consents, or receiving relevant information from the meetings.
- Acting as a link between the sentence planning process and the children's services planning process.
- Establishing that the child is receiving the planned services within the establishment.
- Providing opportunities for the child to talk to you about any problems they are experiencing whilst in custody.
Managers within Children's Services
You are responsible for supporting looked after children and care leavers at risk of custody by:
- Establishing high quality appropriate adult arrangements for looked after children and care leavers.
- Providing suitable placements and packages of support that will provide a credible alternative to custody.
In relation to individual children who enter custody, you are responsible for:-
- Creating an ethos of proactive 'corporate parenting' for looked after children and care leavers who enter custody and for providing the necessary resources to make this a reality.
- Ensuring that the establishment receives relevant information to enable them to safeguard the child and promote the welfare.
- Ensuring that the child is visited by a social worker within one week, that an assessment of needs is undertaken and a suitable plan made.
- Approving, in conjunction with an IRO, the plans for young people who have lost their status as looked after children and for ensuring that the case is only closed if and when you are satisfied that the child is not in need.
- Providing services to address identified needs in custody and on release.
Independent Reviewing Officers (Independent Reviewing Officers in Blackpool)
You are generally responsible for the quality of care planning and pathway planning for looked after children and care leavers in relation to offending behaviour by:-
- Making sure that young people's care/pathway plans includes measures to prevent them from offending.
- Reporting any deficiencies in the service or trends in relation to offending behaviour to managers and monitoring the response.
In relation to individual looked after children and care leavers who enter custody, you are responsible for:-
- Making sure that each child has a plan that reflects their particular needs within a custodial setting.
- Establishing a timescale for their care/pathway plan to be reviewed according to the child's needs and circumstances, not less than the statutory minimum (linked to sentence plan)
- Monitoring the implementation of plans and the effectiveness of services provided.
- Ensuring that review arrangements are satisfactory and that young people and parents/carers are able to contribute their views in spite of the setting.
Appendix 3 - Blackpool Social Work and Safeguarding Service Leaving Care Service
Blackpool Leaving Care Service
This policy document:
- Highlights service provision to young people leaving the care of the Local Authority
- Outlines and sets our commitments to young people with regard to the Children's (Leaving Care) Act 2000 "to improve the life chances of young people living and leaving care"
- Should be used in respect of all young people and should take account of issues of race, culture, language, disability, gender and religion.
- Has taken account of inter-agency work with other agencies (e.g. health, education and employment services).
- Incorporates good practice and seeks to eliminate any inconsistency in service delivery.
The Leaving Care Services Team Provide:
- Services to Young people who are aged between 15 and 21 (or 24 if in full time education) leaving care or ceasing to be looked after.
The Legal Framework
The powers and duties of local authorities to prepare young people they are looking after for the time when they cease to be looked after are described in paragraphs 19A - 19C of Part II of Schedule 2 of the Act. The provision of after-care advice and assistance are described in section 23A-E of the Act. First some definitions:
Preparation for Ceasing to be Looked After
It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him.
Eligible Children
"Eligible child" means a child who (a) is aged sixteen or seventeen, and (b) has been looked after by a local authority for 13 weeks, or periods amounting in all to 13 weeks, which began after he reached 14 years of age, and ended after he reached sixteen.Relevant Children
"Relevant child" means a child who (a) is not being looked after by any local authority; (b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B, and (c) is aged sixteen or seventeen.
Former Relevant Children
Each local authority shall have the duties provided for in this section towards (a) a person who has been a relevant child for the purposes of section 23A (and would be if he were under eighteen), and in relation to whom they were the last responsible authority, and (b) a person who was being looked after by them when he attained the age of eighteen: and immediately before ceasing to be looked after was an eligible child and In this section such a person is referred to as a "former relevant child".
Duty to Assess Needs of Care Leavers
For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act: (a) while they are still looking after him; and (b) after they cease to look after him, and shall prepare a pathway plan for him. The local authority shall keep the pathway plan under regular review.
It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of schedule 2 (a) to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for then to provide under this part, and (b) to prepare a pathway plan for him.
Pathway Plans
A "pathway plan" is a plan setting out: (a) in the case of a plan prepared under paragraph 19B of schedule 2 (i) the advice, assistance and support which the local authority intend to provide a child, both while they are looking after him and later, and (ii) when they might cease to look after him, and
(b) in the case of a plan prepared under section 23B, the advice assistance and support which the local authority intend to provide.
Personal Advisors
A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a "personal advisor".
It is the duty of each local authority to appoint a personal advisor for each relevant child (if they have not already done so under paragraph 19C).
Duty to Keep in Touch with Relevant and Former Relevant Children
It is the duty of every local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.
It is the duty of the local authority to take reasonable steps (a) to keep in touch with a former relevant child whether he is within their area or not; and (b) if they lose touch with him, to re-establish contact.
Continuing Functions (Services) in Respect of Former Relevant Children
It is the duty of the local authority to (a) to continue the appointment of a personal advisor for a former relevant child; and (b) to continue to keep his pathway plan under regular review
It is the duty of the local authority to give a former relevant child (a) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it; (b) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs requires it; (c) other assistance to the extent that his welfare requires it.
The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.
The duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches twenty -one.
Appendix 4 - Working with Children and Young People Remanded in Secure Establishments (Chart 1)
Appendix 5 - Working with Children/Young People Remanded to Custody Or Sentenced (Chart 2)
Appendix 6 - S v The London Borough of Sutton 2007. EWCA 790.
Thursday, 26 July 2007 - Press Release
Howard League hails Court of Appeal victory
The Howard League for Penal Reform has today (Thursday, 26 July) secured an important Court of Appeal decision, which means that henceforth local authorities will have to look after children who leave custody. The judgment will impact on thousands of children every year.
Three Law Lords, including the Master of the Rolls, heard the case. The judgment was given on the claimant's 18th birthday - so that care and support will now be provided throughout her teen years.
J, the girl at the centre of this case - who cannot be named for legal reasons - was sentenced to a 24 month Detention and Training Order (DTO) after committing an offence at the age of 15. The structure of DTOs is such that half of the sentence is spent in detention and the other half in the community under supervision. In addition, J was eligible for early release for good behaviour, under electronic monitoring.
Unfortunately, her parents rejected J and it was incumbent on her local authority, the London Borough of Sutton, to supply suitable accommodation and support once she left custody.
J initially contacted the Howard League for Penal Reform because no accommodation arrangements were in place before she served the community-based portion of her DTO. After pressure from our solicitors - and missing the opportunity of early release - J was sent to a hostel for homeless women, a wholly inappropriate environment for resettling a child.
Director of the Howard League for Penal Reform, Frances Crook, said: "The key question is: who is looking after children who leave custody? If their parents can't, or won't, then the local authority must.
"The girl in this case was estranged from her parents. She was vulnerable and had a history of neglect. As her release from custody approached, she had nowhere to go. By treating her as a homeless person, rather than giving her access to children's services, the local authority left J to effectively fend for herself - putting both the girl and the public at risk.
"Today's judgment will help ensure that children who leave custody receive the care and support they need to make a success of their lives."
Assistant Director and head of the legal team at the Howard League for Penal Reform, Chris Callender, said: "The courts have recognised that in this case the London Borough of Sutton sidestepped its duties into looking after children who leave custody, dumping the need to accommodate J onto the housing department rather than the children services department.
"The housing department was not equipped or resourced to deal with this girl. By failing to provide J with the care she was due under section 20 of the Children Act 1989, the local authority avoided the need to provide leaving care provisions that would have given J support until the age of 21.
"Local authorities across the country are failing to provide proper assessments and care plans for vulnerable children leaving custody. My legal team deals with cases on a daily basis where children are in danger of returning to precisely the same situations that led to their crimes and imprisonment in the first place."
Appendix 7 - Local Authority Circular LAC (2004)26
Safeguarding and promoting the welfare of children and young people in Custody
The purpose of this circular is to remind councils with social services responsibilities (CSSRs) of their responsibilities to young people in custody, including young people who are held in custody on a remand basis. The circular is issued under section 7 of the local Authority Social Services Act 1970, which requires local authorities in their social services functions to act under the general guidance of the Secretary of State. As such, this document does not have the full force of statute, but should be complied with unless circumstances indicate exceptional reasons which justify a variation.
2. Action
Councils with social services responsibilities in areas where there is a Young Offender Institution (YOI), Prison or a Secure Training Centre (STC) i.e. custodial establishments are asked to take the following action:
- Ensure that they have agreed local protocols with custodial establishments in their area for referral, assessment and the provision of services to children in custody in line with legislation, guidance and local procedures, including the local Area Child Protection Committee (ACPC) child protection procedures. This must include procedures for addressing third party abuse (i.e. where a child discloses information about the abuse of another child). Paragraph three of this circular provides more information on responsibilities.
- Ensure that the governor of the custodial establishment is invited to be a member of the ACPC.
- Ensure that the ACPC considers what arrangements they need to be put in place in order to ensure that the welfare of children in custody is safeguarded. This might include, for example, agreeing local child protection procedures with the local custodial establishments. Liaison arrangements for undertaking section 47 enquiries, holding strategy and other meetings and undertaking serious case reviews should also be agreed, together with representation on the YOI's safeguarding committee. Further, that ACPC Child Protection procedures including those relating to serious case reviews, cover the involvement of custodial establishments, where appropriate.
- Ensure that local protocols are in place in the event of the death of a child in custody, taking into account any national guidelines from the Youth Justice Board, DfES and Prisons and Probation Ombudsman.
All councils with social services responsibilities are asked to take the following action:
- Ensure that they fulfil their statutory responsibilities for contact with any children, for whom they have parental responsibility, who are placed in custody;
- Where they were previously responsible for accommodating a child who is now in custody, or where a child who is now in custody, who was previously looked after by another local authority under section 20, now plans to live in their area on release, establish arrangements to promote and safeguard his or her welfare on release.
- Where their area contains a prison with a Mother and Baby Unit, agree with the establishment, local child protection procedures for safeguarding children living in the unit, which are consistent with the ACPC's procedures, to ensure that there are mutual arrangements in place for responding to all concerns raised about a child in such a Unit.
- Where their area contains a prison, ensure that mutually agreed arrangements are in place for safeguarding children visiting the prison.
3. Responsibilities
Mr Justice Munby's judgment, handed down on 29 November 2002, ruled that "The (Children) Act (1989) applies to children in Prison Service establishments (including Young Offender Institutions), subject to the necessary requirements of imprisonment. Accordingly, the functions, powers, duties, responsibilities and obligations conferred or imposed on local authorities by the Act (and, in particular, by sections 17 and 47 of the Act) do not cease to arise merely because a child is in a Young Offender Institution or other prison establishment; however such functions, powers, duties, responsibilities and 3 of 6 obligations take effect and operate subject to the necessary requirements of imprisonment." Arrangements are being made, funded by the Youth Justice Board (YJB), to put in place service level agreements between Local Authorities, Juvenile Group (Prison Service), custodial establishments and the YJB. This will set out the arrangements and mutual responsibilities of the parties concerned for the assessment of children and provision of services under the Children Act 1989 by Local Authorities to children held in custody. The four main areas of service provided by Local Authorities will be:
| a. | Services in relation to children in need |
Section 17 (1) of the Children Act 1989 states that: "It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)-
Mr Justice Munby stated in his judgment that "very large numbers of children in YOIs are in one sense of the phrase 'children in need' - indeed children in desperate need". However, he went on to say, "It does not follow however that they are in the statutory sense children whose 'needs will not be properly met without the provision of local authority social services'". Where a child or young person has been receiving services under Part III of the Children Act 1989 immediately prior to entering custody, from the local authority in whose area he was living, then as part of his responsibility for sentence and discharge planning, the youth offending team worker for the area where the child was living should request relevant information from the local authority children's social services. This information may include, for example, the results of any assessments under the "Framework for the Assessment of Children in Need and Their Families". He or she will then need to discuss with the local authority in whose area the child will be living, as part of planning for the child's discharge, what services the local authority will provide to the child when he is discharged Where a child has not been receiving services from a local authority immediately prior to entering custody, the local authority in whose area the YOI is located will need to make a judgement about whether the child is likely to be a child in need on release, and will therefore need services provided by the local authority in whose area he will be living, on discharge. Where this is so, then they should make a referral to the relevant YOT worker or local authority. There may be occasions, for example, for a disabled child or young person, or a child with unmet mental health needs, where a child or young person in custody requires an assessment using the "Framework for the Assessment of Children in Need and their Families" and services provided to meet those needs while in custody: this will be the responsibility of the local authority in whose area the YOI or STC is located. |
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| b. | Action where there are concerns that a child is suffering or likely to suffer harm |
Section 47 of the Children Act 1989 states that: "Where a local authority -
It is therefore the authority in whose area the custodial establishment is located which is responsible for carrying out section 47 enquiries in relation to any child in custody who they have reasonable cause to suspect is suffering, or likely to suffer, significant harm. If a child in custody makes allegations about abuse that happened before they entered the custodial establishment, or it becomes clear that they may be at risk of significant harm on leaving the establishment, the local authority in whose area the custodial establishment is located will need to initiate s47 enquiries, and negotiate transfer to the local authority in whose area the child was living or will be living, or where the abuse is alleged to have taken place, where appropriate. |
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| c. | Action when a child dies in a juvenile secure establishment |
When a child in custody dies, or where a child in custody sustains a potentially life-threatening injury, or serious and permanent impairment of health or development, then chapter 8 of Working Together to Safeguard Children applies, and ACPCs should consider whether or not to commission a serious case review. The Prisons and Probation Ombudsman (PPO) is responsible for investigating all deaths in Prison Service custody. Any serious case review under Chapter 8 of Working Together to Safeguard Children will need to link to the Ombudsman's investigation. Guidance will be forthcoming on how any proposed statutory remit of the PPO will work alongside the statutory remit of a serious case review and any YJB serious incident review. |
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| d. | Services in relation to Looked After Children |
Where a looked after child who is the subject of a court order placing parental responsibility on a council enters a YOI or STC, or is placed there on remand, the responsible authority i.e. the one that looks after him, has continuing responsibilities towards his or her welfare, as a corporate parent. Where these children are 16+ they would be "eligible" children and entitled to leaving care services. It is therefore expected that the responsible authority will make arrangements for regular contact with any child who is looked after under a care order while they are in custody, whether by visiting themselves or by making arrangements with the local authority in whose area the YOI or STC is located. The responsible authority should arrange to maintain regular contact with the child and reviews of his care plan or pathway plan should continue. The responsible authority should also ensure that ongoing contact with siblings, where that is part of the care plan, is facilitated. When considering where the young person should live on release from custody, it will be necessary to make appropriate plans in advance of the end of the sentence. It will be important to assess the parental capacity to resume care of the young person or to plan for their move to a placement that is appropriate to meeting the needs identified in the care or pathway plan. Where a child who has previously been an "accommodated" child under Section 20 of the Children Act enters custody, he does not remain a looked after child. The local authority where he is to live on release must establish arrangements for his care on release, including carrying out an assessment of his needs and arranging for services, including accommodation if necessary. The local authority in whose area the YOI or STC is located will need to identify where the young person is to live on release and contact the relevant authority. The young person may need to resume his "accommodated" status or, depending on his age, he may be a "relevant" care leaver as defined in the Children Act 1989 s23 and s24. Where a local authority will resume responsibility for the care of a child on discharge from custody, it is important that contact with him is maintained by that local authority. |
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Paul McIntyre Quality Assurance Team May 2008. |
Glossary
YOI - Young Offenders Institute (part of the Prison Service).
STC - Secure Training Centre (run by private companies on a contract to the Youth Justice Board)
SCH - Secure Children's Home (run by a Local Authority).
DTO - Detention Training Order - Criminal sentence of up to 24 months duration; half served in custody and half in the community.
IRO - Independent Reviewing Officer. Known as Independent Reviewing Officer in Blackpool. Responsible for chairing LAC (Looked After Child) Review Meetings and Pathway Plan Review Meetings.
SCRP - Serious Case Review Panel. Convened by a Safeguarding Children's Board to investigate a death or serious incident involving a child.
CSWT - Children's Social Work Team. This term is used to cover the range of teams that may provide a social work service to a child in Blackpool, either as a child in need or a Looked After Child.
End