The secure estate has a legal obligation to safeguard the wellbeing of children in its care and Children’s Social Care has the same responsibilities towards children in custody as it does towards other children in the local authority area
A safeguarding referral must be made to Children’s Social Care if:
- a child in custody in an establishment in the LSCB area makes allegations about abuse that happened before they entered the custodial establishment, or if it becomes clear that they may be at risk of significant harm on leaving the establishment
- there is concern for the welfare of a child within a custodial establishment
In response to a referral, Children’s Social Care will
- Complete an initial assessment.
- Consider initiating Section 47 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.
Continuity of services when young people transfer in and out of the secure estate is a vital element of good safeguarding practice and resettlement planning. This includes ensuring that young people have:
- Suitable supported accommodation.
- Help with any mental health and substance abuse issues.
- Appropriate training, education or employment.
This will require co-ordinated planning between the secure estate, Youth Offending Service, Children’s Social Care, Health and Education Services.
When a looked after child subject to a Section 31 Care Order enters a Young Offenders Institution, Children’s Social Care has continuing statutory responsibilities to visit the young person, to assess and plan for their needs and to regularly review that planning. Statutory reviews will take place in the venue where the young person is placed to facilitate the attendance and involvement of the young person and will address the objectives of the child’s Care plan and their specific needs whilst in custody and on release. It is good practice to hold a review within the last month of the sentence to ensure that an effective plan is made for the child/young person’s release.
Some children who were not previously looked after acquire this status through Sec 21 of the Children Act 1989. These are:
- Children where police request a transfer of detention to the local authority pending a court hearing under the Police and Criminal Evidence Act 1984 (PACE)
- Children remanded to local authority care under Sec 23(1) of Children and Young Person’s Act 1969, with or without a ‘secure requirement’
- Children subject to a Youth Rehabilitation Order (YRO) with a fostering or local authority residence requirement under the Criminal Justice and Immigration Act 2008 (Schedule 1).
The local authority must care for and plan for these children in the same way as other accommodated children, and must ensure that proper plans are made to support them both whilst they are in care/custody and on release.
If a young person under 16 years who was previously looked after under Section 20 1989 Children Act enters a Young Offenders Institution, they cease to be looked after on admission.
Young people over 16 years who were looked after under Section 20 prior to being sentenced, may be ‘relevant children’ as defined by Section 23A of Children Act 1989. Pathway planning will continue for this group of young people focusing on the provision of accommodation and support for when they are released.
If a child dies in custody, the local Safeguarding Unit must be informed. The Chair of the LSCB where the child was ordinarily resident will then consider whether to commission a Serious Case Review.
Ref:
Working Together 2010 Chapter 11 Para 11.36 – 11.45
The Application of the Children Act (1989) to Children in Young Offender Institutions
Tell them not to forget about us. National Children’s Bureau – a guide to practice with looked-after children in custody.
