SCOPE OF THIS CHAPTER
Whenever a court refuses bail to a child/young person (aged 10-17), the court is required to remand the child to local authority accommodation unless certain conditions are met, in which case the court may instead remand the child to Youth Detention Accommodation. Every such child (whether remanded to Youth Detention Accommodation or to local authority accommodation) will be treated as Looked After by their designated local authority.
See also the following chapters:
This chapter was reviewed and amended by Bexley in April 2017 particularly the conditions that are taken into consideration with respect to Youth Detention Accommodation (see Section 2, Youth Detention Accommodation) and to add additional material around Safeguarding Children on Remand (see Section 2.2, Safeguarding Children and Young People who are on Remand) and transfer requests to the YJB.
- Youth Remand Framework under the Legal Aid, Sentencing and Punishment of Offenders Act 2012
- Youth Detention Accommodation
- Local Authority Accommodation
- Escort Arrangements
- Children who Turn 18 Years of Age During their Remand
- Care Planning for Young People on Remand or Youth Detention Accommodation
1. Youth Remand Framework under the Legal Aid, Sentencing and Punishment of Offenders Act 2012
Under the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 all children who are charged with an offence and refused bail must be remanded into local authority accommodation, or (where certain criteria are met) Youth Detention Accommodation. In both situations, the cost of this accommodation must be met by the designated local authority, and the child will attain Looked After status.
The Act gives local authorities greater financial responsibility for remands to Youth Detention Accommodation. Youth Offending Teams will therefore have a financial interest in ensuring that they are adequately prepared for the remand hearing. For example Youth Offending Teams should, where appropriate, assist the court with information relating to:
- Available bail packages (e.g. Bail Support Programmes);
- Available local authority accommodation (e.g. Remand Foster Care);
- Relevant conditions available that may be attached to a remand to local authority accommodation or bail;
- Which local authority should be designated by the court where a child has been remanded to local authority accommodation or Youth Detention Accommodation.
When a Looked After Child appears in court charged with an offence, the local authority, working with the child's solicitor and the responsible YOT, should ordinarily work towards securing bail for the child.
Care planning should consider the young person's needs both during the period of remand and following the court hearing. The Care Plan will also need to consider arrangements for the young person's support should they be convicted and receive a custodial sentence. Furthermore, 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.
2. Youth Detention Accommodation
This comprises the following kinds of accommodation:
- A secure children's home;
- A secure training centre;
- A Young Offender Institution.
A court can only order a Remand to Youth Detention Accommodation where the following conditions (set out in Section 98 and 99 LAPSOA) are met:
- The age condition, i.e. that they are aged at least 12 (but under 18 years of age);
- The offence condition, i.e. the offence(s) to which the remand proceedings relate is a violent offence, sexual offence or one that if committed by an adult is punishable with a term of imprisonment of 14 years or more; or
- The “’history conditions’” and “’sentencing condition’”: one of two sets of history conditions has to be met and there must be a real prospect of the child being sentenced to a custodial sentence for the offence(s) before the court. The two history conditions are:
- The child has a recent history of absconding whilst subject to remand to local authority or youth detention and the offence(s) to which the remand proceedings relate is alleged to be/has been found to have been committed whilst the child was remanded;
- The offence(s) to which the proceedings relate, when taken with previous imprisonable offences for which they have been convicted, amounts to a recent history of committing imprisonable offences while on bail or remand to local authority accommodation or youth detention accommodation.
- The necessity condition, i.e. that the court is of the opinion that after considering all the options for remanding the child, including remand in local authority (non-secure) accommodation, only remanding the child in Youth Detention Accommodation would be adequate for the protection of the public from death or serious personal injury occasioned by further offences committed by that child or to prevent the commission by the child of imprisonable offences; and
- The legal representation condition, i.e. the child must be legally represented or not represented for specified reasons that are set out in Section 98.
2.1 Designated Local Authority
The court will ask the YOT officers in court which is the designated local authority for the child or young person. If a remand to Youth Detention Accommodation is being considered, it is important that this designation is correctly made. For Looked After children and young people, the designation must be to the ‘home’ authority, regardless of where they are living or where the offence took place.
2.2 Safeguarding Children and Young People who are on Remand
Children and young people in custody can be particularly vulnerable. When a child or young person is remanded, the social worker should request a copy of the complaints procedure for the establishment. Social workers should then familiarise themselves with the complaints process and check that the child has been provided with information about, and understands, the complaints process and also about their entitlement to advocacy.
Young people who are remanded should also be provided with information which is routinely given to all children who become looked after. This could include for example:
- Contact details for their Social Worker, Independent Reviewing Officer and sources of support (including out of hours);
- Contact details for the Children's Commissioner Advice Line (0800 528 0731 / firstname.lastname@example.org);
- Information on the local Children's Rights / Advocacy Service / Independent Visitors for Looked After Children.
If a remanded child complains to their social worker about any aspect of their care while remanded, this should be recorded on the child's electronic record and reported to a manager and the child's IRO. The most appropriate response will vary depending on the nature of the complaint, and the type of accommodation the young person is remanded to, but could include a referral to Children's Social Care and possible Section 47 Enquiry if the complaint concerns actual or likely Significant Harm.
If the complaint concerns an allegation against staff, the LSCB allegations procedure should be followed. Complaints in relation to services provided by a local authority should be dealt with under the Complaints and Representations Procedure.
Where there are concerns that the young person is not being safeguarded or their welfare promoted (for example, there are concerns relating to the quality of care the young person is receiving, the suitability of the type of placement or issues around bullying, self harm, violence or intimidation), in the first instance it may be possible to resolve the concerns by agreement with the establishment itself.
Where issues cannot be resolved at establishment level, and if the responsible authority is of the view that the young person needs to be moved to another establishment, the YJB has a transfer protocol Placement Review Process. Transfer requests Requests for placement reviews by the YJB can be formally initiated by the YOT or the secure, establishment or placement team at the YJB. The local authority should contact one of these agencies to express their concerns and ask that they complete a Transfer Request Form, indicating the degree of urgency. The YJB Placement review process requires a multi-disciplinary meeting/review to have taken place to consider how the risk could be managed or reduced before any request for placement review. Young people and parents/carers have to be consulted as part of this process. The placement review team (PRT) based within the YJB Placement Service considers all applications for placement moves. Concerns should also be submitted in writing to the YJB placement team and, if the concerns they relate to the standard of care being provided by the establishment rather than the specific needs of an individual young person, the LSCB and YJB monitor for the establishment should be notified. The Local Authority should inform the establishment and Her Majesty's Prison and Probation Service Young People's Team that they have decided to take this course of action.
3. Local Authority Accommodation
3.1 Meaning of Local Authority Accommodation
This means any accommodation provided by or on behalf of a local authority.
A court remanding a child to local authority accommodation may, after consultation with the designated authority, impose on the authority requirements for securing compliance with any conditions (see Section 3.3, Conditions/Electronic Monitoring) imposed on the child by the court, or requirements stipulating that the child must not be placed with a named person. In the absence of any such requirements, it is for the designated local authority to decide where the child resides.
3.2 Designated Local Authority
The court will ask the YOT officers in court which is the designated local authority for the child or young person. The designated local authority will be responsible for identifying a suitable placement.
3.3 Conditions/Electronic Monitoring
A court remanding a child to local authority accommodation may impose conditions (e.g. to ensure that (s)he does not interfere with witnesses, or makes him/herself available for the preparation of court reports). The designated local authority may apply to the court for such conditions to be imposed.
The court may impose electronic monitoring on children aged 12 and over to secure compliance with such conditions provided that:
- The child or young person has been charged with or convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more; or
- Is charged with or has been convicted of one or more imprisonable offences which, together with any other imprisonable offences of which s/he has been convicted in any proceedings, amount, or would amount if convicted of the offences with which s/he is charged, to a recent history of repeatedly committing imprisonable offences while remanded on bail or to local authority accommodation; and
- The court has been notified by the Secretary of State that electronic monitoring arrangements are available in the area and is satisfied that the necessary provision can be made under those arrangements; and
- The YOT has informed the court that the electronic monitoring requirement is suitable for that child or young person (s. 3AA of the Bail Act 1976).
A court may, on the application of the designated authority or the child, vary or revoke any such conditions or requirements.
The child may be arrested without an arrest warrant if there are reasonable grounds for suspecting that the child has broken any such conditions.
4. Escort Arrangements
Children remanded to Youth Detention Accommodation will be transported by the contracted escort provider.
5. Children who Turn 18 Years of Age During their Remand
Where possible, young people who turn 18 while on remand should remain in the under-18 estate. This will be until the court case has concluded and their sentence given by the court.
When considering whether there is a real prospect that a child will be sentenced to a custodial sentence for the offence to which the proceedings relate and the child is likely to turn 18 before conviction, a custodial sentence can include an adult custodial sentence.
6. Care Planning for Young People Remanded to Local Authority or Youth Detention Accommodation
The decision to remand a child will be made by a Court. This decision may be made at short, or no, notice for the local authority concerned.
6.1 Remands to Local Authority Accommodation
- Where a child is Looked After only by reason of being remanded to local authority accommodation, the Care Plan must be prepared within 5 working days of the child being remanded;
- The Care Plan does not need to include the plan for permanence/long-term plan for the child's upbringing, unless it is considered that the child needs to remain looked after once the period of remand has ceased. However, consideration must be given to what longer term support or accommodation the child will need following the remand episode.
Otherwise, the care planning arrangements are the same as for all other Looked After children – see Decision to Look After and Care Planning Procedure.
6.2 Remands to Youth Detention Accommodation
6.2.1 Where the child was Looked After immediately before being remanded:
- A Detention Placement Plan must be prepared based upon the assessment that has informed the current Care / Pathway Plan (see Section 6.2.3, Detention Placement Plans);
- A copy of the Care / Pathway Plan must also be given to the Governor, Director or Registered Manager of the Youth Detention Accommodation;
- The provisions as to Health Assessments (see Health Care Assessments and Plans Procedure) do not apply.
6.2.2 Where the child was not Looked After immediately before being remanded:
A Detention Placement Plan must be prepared instead of a Care Plan / Placement Plan, within 10 working days of the remand. This will require an assessment of ‘sufficient quality’ to ensure identification of the child's needs and how the YDA Establishment will respond to them on a day-day basis;
The provisions as to Health Assessments (see Health Care Assessments and Plans Procedure) do not apply, but the responsible authority must take all reasonable steps to ensure that the child is provided with appropriate health care services, in accordance with the Detention Placement Plan including medical and dental care and treatment, and advice and guidance on health, personal care and health promotion issues;
Visits should take place in accordance with the Social Worker Visits to Looked After Children Procedure. It is also good practice for the Social Worker to attend the child's remand planning meetings. 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 Her Majesty's Inspectorate of Prisons;
In relation to Looked After Reviews Procedure, the responsible authority does not have to consider whether they should seek any change in the child's legal status, whether there is a plan for permanence for the child, or whether the placement continues to be the most appropriate available and whether any change to the placement agreement is likely to become necessary before the next review (see also Looked After Children and Young People in Contact with the Youth Justice Service Procedure);
The provisions as to avoidance of disruption in education, placements out of area and termination of placements do not apply.