Resettlement provision for children and young ... - Ministry of Justice

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Appendix III Definitions of a looked after child The term ‘looked after child’ was introduced by the Children Act 1989 1 and refers to children who are subject to care orders and those who are accommodated by the local authority by voluntary agreement. There are two main routes by which a child can become looked after. The first is when children are subject to a care order in which a court places a child compulsorily into the care of a designated local authority under section 31 of the 1989 Act. The court may only make a care order if it is satisfied that the child is suffering, or likely to suffer, significant harm attributable to the care given or likely to be given. Under a care order, the local authority assumes parental responsibility for the child and will provide him/her with accommodation and care. The local authority is responsible for the child’s welfare while the care order is in place. 2 A child subject to a care order under section 31 of the 1989 Act remains a looked after child while in custody. There is no change to their legal status so the local authority continues to be responsible for their care as a ‘corporate parent’ and must fulfil statutory responsibilities to this end. 3 The second route refers to section 20 of the 1989 Act in which a child is provided with accommodation by the local authority on a voluntary basis as a result of parental, or if over 16, the young person’s agreement. Although the local authority will undertake day to day care duties for the child, parental responsibility remains with the child’s parents who can remove the child from care at any time. 4 The local authority must work with the child and their parents to make joint decisions about the child’s care. 5 Children who are voluntarily accommodated under section 20 of the 1989 Act lose their looked after status when they are remanded into custody or are serving a custodial sentence 6 (unless they meet the criteria for ‘relevant’ children entitled to leaving care support; see section below). From April 2011 where a child ceases to be looked after as a result of entering custody, the local authority previously responsible for their care must appoint a representative to visit them to assess their needs. This assessment should include where they will live on release and whether they will need to become looked after again. 7 If the assessment deems that the child should become looked after again on their release, the local authority must be involved in their release plans. 1 The Children Act 1989, hereafter referred to as the 1989 Act. 2 House of Commons Children, Schools and Families Committee (2009), Looked-after Children Third Report of Session 2008–09. Volume 1, London: The Stationery Office. 3 Department for Education and Skills (2004a), Safeguarding and Promoting the Welfare of Children and Young People in Custody, LAC (2004)26. London: DfES. 4 House of Commons Children, Schools and Families Committee (2009), Looked-after Children Third Report of Session 2008–09. Volume 1, London: The Stationery Office. 5 Great Britain (1989) Children Act 1989: Elizabeth II. London: The Stationery Office. 6 Department for Education and Skills (2004) Independent Reviewing Officers Guidance: Adoption and Children Act 2002. London: DfES. 7 Great Britain (2008), Children and Young Persons Act 2008: Elizabeth II. London: The Stationery Office. 80
Eligible or relevant children Looked after children, either subject to a care order or under voluntary agreement and aged 16 or 17, may be entitled to additional support from local authorities to prepare them for leaving care. This entitlement applies to ‘eligible children’, defined as those who have spent 13 weeks looked after since the age of 14 and who remain looked after at the age of 16, and to ‘relevant children’ who are those aged 16 or 17 who were looked after for 13 weeks since the age of 14 and who have ceased to be looked after since their sixteenth birthday. Some children will achieve this entitlement to support while in custody on turning 16. 8 8 Great Britain (2000), Children (Leaving Care) Act 2000: Elizabeth II. London: The Stationery Office. 81
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Thematic report by HM Inspectorate
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Crown copyright 2011 ISBN: 978-1-84
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Acknowledgements Samantha Booth Sen
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Individual learning plan (ILP) Each
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Introduction Resettlement is one of
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offender institutions involved were
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status and staff raised concerns ab
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1.18 Case supervisors relied on YOT
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1.30 In the 41 questionnaires retur
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2. Background to the report Childre
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2.11 HMIP expects that children and
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3. Scope of this report 3.1 This re
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4. Management of resettlement provi
Page 31 and 32: 4.6 Heads of resettlement and case
Page 33 and 34: supported by inspection findings an
Page 35 and 36: issues were not always a focus for
Page 37 and 38: inadequate. Other specialists who h
Page 39 and 40: However, there was also a worrying
Page 41 and 42: education staff were not attending
Page 43 and 44: 5. Accommodation Our expectations:
Page 45 and 46: ‘It's been suggested in meetings
Page 47 and 48: Case study 6 In one young person’
Page 49 and 50: ‘Someone else may have taken my p
Page 51 and 52: 5.29 No establishments kept figures
Page 53 and 54: 6. Education, training and employme
Page 55 and 56: of activity but only two thirds or
Page 57 and 58: ‘IT. I have a really good teacher
Page 59 and 60: 6.24 Forty-three young people (70%)
Page 61: experience placements which listed
Page 64 and 65: ROTL opportunities 7.3 The greatest
Page 66 and 67: working outside the establishment f
Page 69 and 70: 8. Follow-up findings Our expectati
Page 71 and 72: 8.7 Three young people were release
Page 73 and 74: awaiting a start date Ten young men
Page 75 and 76: could not be arranged until his acc
Page 77 and 78: Appendix I Methodology Fieldwork Fi
Page 79 and 80: Establishment Date of survey Ashfie
Page 81: Parc - mixed site Parc is the only
Page 85 and 86: Number of completed questionnaires
Page 87 and 88: Appendix V Interview template for c
Page 89 and 90: If yes or due to: E. Do you think t
Page 91 and 92: T. Have any outside agencies come i
Page 93 and 94: D. Do you try to achieve your targe
Page 95 and 96: E. Do you think that the arrangemen
Page 97 and 98: FOR LOOKED AFTER CHILDREN Q. How of
Page 99 and 100: Early information, initial assessme
Page 101 and 102: Accommodation: 1. Was the issue of
Page 103 and 104: 7. If no to question 6, what arrang
Page 105 and 106: Arrangements for ROTL Has X been fo
Page 107 and 108: 2. Are there any particular problem
Page 109 and 110: 5. Was the accommodation the same a
Page 111 and 112: Education, training and employment
Page 113 and 114: 4. How effective is liaison with YO
Page 115 and 116: Appendix VIII Interview template fo
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