Former Children Looked After in Detention

If the social worker has not attended Court, the responsible Youth Justice Service must notify the local authority about the details of the child's sentence, or remand into custody, including the bame and location of the custodial establishment.

The local authority must appoint a representative to visit the child. This should be a qualified social worker employed by the authority, usually the social worker or Personal Adviser who was allocated to the child's case and was responsible for maintaining the Care Plan or Pathway Plan before they entered custody. In some cases, a residential care worker or foster career familiar to the child may be appropriate. (The term 'social worker' is used here for consistency).

NOTE: This role must not be fulfilled by an Adolescent Practitioner or Youth Justice Case Manager.

The local authority must also inform the child's Independent Reviewing Officer (IRO) of their placement in custody and the name of the appointed representative.

Within five working days of the child's placement, the local authority should provide information to the custodial establishment by contacting the allocated supervisor based in the YOI, or equivalent post in the Secure Training Centre (STC) or Secure Children's Home (SCH), to provide the following information:

• The child's previous care status;
• Details of persons with Parental Responsibility for the child;
• The name and contact details of the social worker and Team Manager;
• Any immediate information necessary to ensure the child's safety;
• Relevant information about the child's family/carers and contact arrangements;
• Relevant information about the child's health, education and other needs;
• The date of the social worker's first visit.

The local authority  should also seek information from the secure establishment on how the child has settled in and agree arrangements for the first visit.

The social worker must visit the child within 10 working days of their entry into  custody, unless this is not reasonably practicable. This visit may be coordinated with the initial planning meeting (see Looked After Review Timetable Matrix).

During each visit, the social worker must speak to the child in private unless:

• The child, being of sufficient age and understanding, refuses;
• It is not possible to do so; or
• The social worker considers it inappropriate, taking into the account the child's age and understanding.

The social worker must also visit when reasonably requested to do so by:

• the child; 
• a member of staff at the custodial establishment;
• the child's parent(s) or person with Parental Responsibility; or 
• the relevant Youth Justice case manager.

The purpose of the initial visit is to complete an assessment of the child's needs whilst in custody and upon release. This assessment should:

• Draw on previous assessment that informed the child's Care Plan;
• Incorporate any new information from assessments undertaken by Children's Services, including Youth Justice, or the custodial establishment;
• Be structure using the Child and Family Assessment format outlined in the Framework for Assessment for Children in Need and their Families.

In completing the assessment, the social worker should consider the following key areas:

• Is there a risk of self harm?
• What is the child's emotional state?
• Does the child need money, clothes, books or other practical support?
• Are education staff aware of, and able to meet, the child's educational needs, including any special needs or abilities?
• Are the health unit and wing staff aware of, and able to meet, the child's health needs?
• Are staff aware of, and able to meet, the child's religious and cultural needs?
• Is the child worried about anything? If so, what? Does the child understand how they can access advocacy and other services to express any concerns and make their views known?
• Are the child's parents able to fulfil their Parental Responsibility to the child whilst in custody?
• Has there been a change in the parents' capacity to enable them to resume care of the child on their release in a way that will meet the child's needs? If not, might additional support be provided to enable the parents be able to resume care of the child?
• If it is not appropriate for the child to return home or to become Looked After again, what alternative arrangements need to be made?

The child's wishes and feelings on these matters must be sought. The assessment must also take into account the views of the child's parents (or any other person with Parental Responsibility) and appropriate members of staff in the custodial establishment (including pastoral care, education and health staff), unless it is not reasonably practicable to do so or it is not consistent with the child's welfare. The views of the child's previous carers and the IRO should also be sought. If the appointed representative is not the social worker who was previously allocated to the child's case, that social worker's views should also be sought.

The assessment should be completed within 20 working days of the child entering custody. It should conclude with a clear analysis and set of recommendations, outlining the advice, assistance, and support the child will require both during their time in custody and upon release.

The following information must be included in the assessment:

• Is the child's welfare being adequately safeguarded and promoted (taking account of the child's wishes and feelings)?
• Are further visits required?
• Who will keep in touch with the child whilst they are detained? Does there need to be help with contact arrangements?
• Will it be in the child's best interests to become Looked After again by the local authority on release?
• Might the child and their family require other services provided by the local authority formerly responsible for looking after the child, or from another local authority?

The assessment should conclude with clear recommendations regarding the future involvement of the local authority. This includes whether visits should continue whilst the child remains in custody and after their release.

If the child's parents are unavailable or unable to exercise Parental Responsibility by providing the child with support whilst in custody, the child will require ongoing visits, support and practical help from the local authority whilst in custody as a Child in Need.

Options for the child on release will be as follows:

• Return to parental or family care with support - The child's parents or wider family can resume care, with support from the local authority under section 17 of the Children Act 1989, and continued supervision from the Youth Justice Service.
• Return to family care with YJS supervision only - The child returns to family care, with supervision solely from the Youth Justice Service, for the duration of any court order.
• Return to care as a Looked After Child - The child will need to become Looked After again upon release.
• Independent accommodation with multi-agency support - The child cannot return home, and it is inappropriate for them to become Looked After again due to their age or circumstances. In this case, the Youth Justice Service and local authority must meet with housing and other relevant services well in advance of the release date to plan for suitable accommodation and community-based support.

A copy of the report must be given to:

• The child;
• His or her parents or those with Parental Responsibility, unless this would not be in the child's interests;
• The governor or director or registered manager of the establishment where the child is detained;
• The relevant Youth Justice case manager;
• The local authority where the child is being detained (if different from the authority that formerly looked after the child); and
• Any other person the responsible authority considers should receive a copy of the report.

The social worker's assessment must be sent to the manager who has been appointed as designated manager to receive reports and decide how to act on their recommendations. This should be an officer with responsibility for allocating any resources necessary to provide support to the child in future.

The designated manager must:

• Confirm that the assessment and recommended plan; and
• Outline the steps that will be taken to implement the recommendations.

If the designated manager does not accept the recommendations regarding ongoing support, the following consultations must take place:

• The Youth Justice Service (YJS) case manager;
• The YJS Team Manager;
• The child's former Independent Reviewing Officer (IRO); and
• Their former social worker (if different from the appointed representative).

Only after these consultations should the designated manager confirm a decision to reject the recommendations.

The local protocol must include a clear dispute resolution process in instances where the designated manager rejects the social worker's assessment or recommendations. This process must ensure that a final decision is reached about whether the formerly responsible authority will contribute to the child's future support well before their resettlement, and no later than 28 days prior to their potential release date.

Details of the plan confirming how the authority will contribute to the child's support in future should be sent to:

• The child, their parents and others with Parental Responsibility;
• The child's case manager in the Youth Justice Service;
• The Governor or manager of the custodial establishment;
• Any other agencies that would be responsible for implementing the recommendations relating to the child, such as a provider of supported housing;
• Other relevant parties, with the child's consent.

Where the local authority decides not to provide continuing support, the designated manager must inform:

• The child;
• Their parents and others with Parental Responsibility;
• The child's Youth Justice case manager; and
• The Governor or manager of the custodial establishment.

Where it is agreed that the child will require ongoing support-either during custody or following release-or that they will need to become Looked After again, arrangements must be made to maintain contact with the child while they remain in custody.

Whilst the child remains in custody, they should be visited in line with the statutory requirements for Looked After Children, where appropriate:

• Every six weeks during the first year;
• At least every three months thereafter.

Additional visits should take place if reasonably requested by:

• The child;
• The custodial establishment; or
• The Youth Justice case manager.

Visits should also occur in specific circumstances, such as:

• Attendance a remand or sentencing planning meetings;
• Following a notification under the Care Standards Act 2000 (for those in a Secure Children's Home or Secure Training Centre); or
• Where HM Inspectorate of Prisons raise concerns about the welfare or safety of children in a Young Offender Institution (YOI).

For children  serving long custodial sentences, the formerly responsible authority may need to:

• Negotiate with the Youth Justice Service and Probation Service about the child's release plan into adulthood;
• Advise these services on the child's eligibility for leaving care services; and
• Notify the Youth Justice Board (YJB) of their involvement and intentions. The relevant contact is:

Head of Placement and Casework Service
Youth Justice Board for England and Wales
1 Drummond Gate
Pimlico, London
SW1V 2QZ
Tel: 020 3372 7855

If children reach the age of 18 whilst in custody, they may be moved to an adult prison. Responsibility for their supervision will then transfer from the Youth Justice Service to the Probation Service.

Where there are concerns that the child is not being safeguarded or that their welfare is not being promoted-for example, concerns about the quality of care or the suitability of the placement-the local authority should first attempt to resolve the issue directly with the establishment.

If the issue cannot be resolved at establishment level, and the responsible authority believes the child should be moved to another establishment, the Youth Justice Board (YJB) has a transfer protocol in place.

Steps to Initiate a Transfer:

1. A formal transfer request can be initiated by:
   • The Youth Justice Service (YJS),
   • The custodial establishment, or
   • The YJB Placement Team.
2. The local authority should:
   • Contact one of the above agencies to express concerns,
   • Request that a Transfer Request Form be completed, indicating the level of urgency,
   • Submit concerns in writing to the YJB Placement Team.
3. If the concerns relate to the standard of care at the establishment (rather than the needs of an individual), the local authority should also notify:
   • The Local Safeguarding Children Partnership (LSCP), and
   • The YJB Monitor for the establishment.
4. The local authority must also inform:
   • The establishment, and
   • The HM Prison and Probation Service Youth Custody Team,
   • That they have decided to pursue this course of action.

The local authority must be involved in release planning where:

• The child is expected to become Looked After again; or
• They will require support from Children's Social Care in the community; or
• The child is being considered for early release or Home Detention Curfew (HDC).

This is particularly important when assessing the child's ability to manage additional supervision requirements, such as:

• Electronic monitoring;
• Intensive Supervision and Surveillance Programme (ISSP); or
• Any MAPPA (Multi-Agency Public Protection Arrangements) conditions set for release.

Preparing for Reintegration

Wherever possible, arrangements should be made for the child to:

• Visit prospective placements;
• Meet with education or employment providers; and
• Engage with relevant practitioners prior to release.

To facilitate this, the child may be granted Release on Temporary Licence (ROTL), subject to agreement by the custodial establishment and relevant authorities.

As soon as possible and, ideally, no later than 14 days before release, the child must know:

• Who is collecting them;
• Where they will be living;
• The reporting arrangements;
• Sources of support - including out of hours;
• 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;
• The roles and responsibilities of the respective practitioners.

It is essential that there is clear accountability for each element of the child's plan, including arrangements for communication and enforcement.

The local authority must:

• Record the plan; and
• Share copies with:
  • The child;
  • The supervising Youth Justice Case Manager;
  • The Independent Reviewing Officer (IRO);
  • The custodial establishment;
  • Any other agencies involved in post-release support; and
  • The child's family, where appropriate.

Children under 18 years of age, returning to the community following a custodial sentence will continue to be supervised by the Youth Justice Service.
Where the local authority has agreed to provide support on release:

• The social worker must collaborate with the YJS Case Manager throughout the supervision period;
• The social worker's role-focused on care planning and broader support-is distinct and more extensive than that of the YJS Case Manager.

Good Practice:

• Joint appointments involving the child, social worker, and YJS Case Manager are encouraged to ensure effective information sharing;
• The YJS should consult the local authority on enforcement matters, especially where there is a risk of the child being returned to custody for breaching their Notice of Supervision or Licence conditions;
• If the child is struggling to comply, the local authority and YJS should work together to provide additional support.

Both the social worker and YJS Case Manager must keep each other informed of significant developments, including changes to service delivery or plans.

If the child becomes Looked After again:

• Their Care Plan must be reinstated; and
• The Placement Plan must include details of how the placement will support the child to reduce the risk of reoffending.