Remands to Local Authority Accommodation or to Youth Detention Accommodation

1. Youth Remand Framework under the Legal Aid, Sentencing and Punishment of Offenders Act 2012

The youth remand provisions in the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 came into force on 3 December 2012. They made significant changes to the remand framework for 10 to 17 year olds in criminal proceedings.

Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA), all children/young people remanded in criminal proceedings will be looked after. Children/young people may be remanded to Local Authority Accommodation (RLAA) or to Youth Detention Accommodation (YDA). The authority responsible for a child/young person who becomes looked after following remand is usually the one where the child habitually resides, but where there is a doubt about this the court may initially determine which authority should be designated as being responsible for the child/young person's care.

Where a child/young person is remanded to local authority accommodation, the child or young person will be placed in suitable non secure accommodation authorised by the designated authority. (The local authority's care planning responsibilities will be the same as for any other looked after child/young person(though authorities are not required to produce a "plan for permanence" for this group of children). Where a child/young person, including a child/young person already looked after, is remanded to YDA, the local authority will be required to produce a Detention Placement Plan, describing the arrangements for responding to the child/young person's needs whilst they are detained. The Care Planning, Placement and Case Review Regulations 2010, as amended, take LASPOA into account.

Where a child presents a level of risk (be it of harm or offending), it should not follow that the child should be remanded to custody if that risk can be managed safely in the community. The court must weigh each case against the strict conditions for remands to youth detention accommodation set out in s98 and 99 of LASPO 2012 (see Section 2, Youth Detention Accommodation). Even for charges related to the most serious offences, the Crown Court will follow the same tests and has the option of granting bail, remand to local authority accommodation or remand to youth detention accommodation.

Where a child/young person/young person becomes looked after as a result of being remanded to youth detention accommodation (YDA), the local authority must visit the child/young person and assess the child/young person's needs before taking a decision.  This information must be used to prepare a Detention Placement Plan (DDP), which must set out how the Secure Estate staff, Youth Offending Team Case Manager, Local Authority Social Worker and other professionals will meet the child/young person's needs whilst the child/young person remains remanded. The DDP must be reviewed in the same way as a care plan for any other looked after child/young person.

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 where certain specified criteria are met:

• The child/young person has reached the age of 12; and
• Either the child/young person is legally represented before the court or legal representation has been withdrawn/refused; and
• Either the offence is a violent or sexual offence or an offence punishable in the case of an adult with imprisonment of 14 years or more; or
• The child/young person has a recent history of absconding from remand/committing offences whilst on remand; and
• It is necessary to protect the public/prevent further offences.

Where a court remands a child/young person to Youth Detention Accommodation, the court must designate a local authority as the designated authority for the child/young person. The child/young person will be Looked After by that designated local authority.

The responsible local authority will be the authority already looking after a child/young person or, in the case of a child/young person not previously Looked After, the authority in whose area the child/young person habitually resides or the offence/one of the offences was committed.

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/young person 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/young person by the court, or requirements stipulating that the child/young person 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/young person resides.

Where a child/young person is remanded to local authority accommodation, the designated local authority is responsible for identifying a suitable placement. The placement decision is made by Children's Services of the designated local authority. The local authority can change the designated address without going back to the court. The court may also stipulate that the child must not be placed with a named person.

For as long as they remain looked after, these children/young people are entitled to the same care planning and review processes as other looked after children. This includes ensuring that, while remanded, looked after children under the age of 16 are placed in a children’s home, foster placement or in an ‘other arrangements’ placement if the child/young person’s needs are best met by the services provided in one of the exempted regulated settings. An ‘other arrangements’ placement can be a independent or semi-independent provision for looked after children aged 16 or 17 or an alternatively regulated setting. The responsible authority must be satisfied that the placement is in ‘suitable accommodation’.

For further information, see Placements in Other Arrangements Procedure.

Where a local authority is concerned that a child has a history of absconding and if the child absconds is likely to suffer significant harm, or, whilst on remand to local authority accommodation is likely to injure themself or other persons, the local authority may apply to the court for a child to be remanded in secure accommodation. This will enable the local authority to place the child in a secure children's home. See Placements in Secure Accommodation Procedure.

3.2 Designated Local Authority

A court that remands a child/young person to local authority accommodation must designate the local authority that is to receive the child/young person. The final decision about which local authority has responsibility must be stated in open court. The paperwork for remand to local authority accommodation should be completed in full by the courts.

The responsible local authority will be the authority already looking after a child/young person or, in the case of a child/young person not previously Looked After, the authority in whose area the child/young person habitually resides or the offence/one of the offences was committed.

The designated local authority must receive the child/young person and provide or arrange for the provision of accommodation for the child/young person whilst the child/young person is remanded to local authority accommodation.

Where a child/young person is remanded to local authority accommodation, it is lawful for any person acting on behalf of the designated authority to detain the child/young person.

3.3 Conditions/Electronic Monitoring

A court remanding a child/young person 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 court must consult with the local authority (via the YOT) before imposing any conditions onto the remand to local authority accommodation. The designated local authority may apply to the court for such conditions to be imposed.

The court may impose electronic monitoring to secure compliance with such conditions provided that:

• The child/young person has reached the age of 12; and
• The offence/one of the offences is an imprisonable offence; and either
• The offence/one of the offences is a violent or sexual offence or an offence punishable in the case of an adult with imprisonment of 14 years or more; or
• The offence together with any other imprisonable offences of which the child/young person has been convicted in any proceedings amount to a recent history of committing imprisonable offences whilst on bail/remand; and
• The court is satisfied that suitable provision for electronic monitoring can be made in the relevant area; and
• A Youth Offending Team has informed the court that, in its opinion, the imposition of an electronic monitoring condition would be suitable in the child/young person's case.

Legislation does not permit GPS 'tagging' (i.e. location or trail monitoring) on remand to local authority accommodation; electronic monitoring can only be used to monitor compliance with other conditions and not for standalone monitoring.

The court may impose requirements on the local authority for securing the child's compliance with any conditions.

A court remanding a child/young person to local authority accommodation may, after consultation with the designated authority, impose on the authority requirements for securing compliance with any such conditions imposed on the child/young person, or requirements stipulating that the child/young person 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/young person resides.

A court may, on the application of the designated authority or the child/young person, vary or revoke any such conditions or requirements.

Breach of Conditions

The child/young person may be arrested without an arrest warrant if there are reasonable grounds for suspecting that the child/young person has broken any such conditions. The child must be brought before the court as soon as practicable and within 24 hours of the child's arrest. Where that 24-hour period includes the time appointed for the child's original court appearance, then the child should appear before that same court.

If the court is of the opinion that a child has broken any of the conditions of a remand to local authority accommodation, the court will consider a range of options in response, including warning the child, varying the conditions/attaching new conditions to the remand to local authority accommodation or, if the conditions (set out above) are met, remanding the child to youth detention accommodation. The local authority should take all actions possible to engage the child and support compliance.

If the court is not of the opinion that the child has broken any of the conditions of their remand to local authority accommodation, the court must remand the child subject to the original conditions imposed.

4. Escort Arrangements

Children/young people remanded to Youth Detention Accommodation will be transported under a contract held by the Youth Justice Board. Children/young people remanded to local authority accommodation will continue to be transported by the local authority.

5. Children who Turn 18 Years of Age During their Remand

When considering whether there is a real prospect that a child/young person will be sentenced to a custodial sentence for the offence to which the proceedings relate and the child/young person is likely to turn 18 before conviction, a custodial sentence can include an adult custodial sentence. 

Where a child/young person turns 18 during the course of their remand they will remain in Youth Detention Accommodation until they are released or returned to court. The YJB will not seek to recover costs from local authorities in respect of a child/young person remanded to youth detention accommodation once the child has turned 18 years of age.

6. Care Planning for Young People on Remand or Youth Detention Accommodation

The decision to remand a child/young person will be made by a Court. This decision may be made at short, or no, notice for the local authority concerned.

If a child who is already Looked After is brought to the court, Children's Services should attend court with the YOT. Children who are Looked After can be additionally remanded to the care of the local authority, possibly with a condition as to where they will live.

If a child acquires Looked After status by virtue of being remanded, the local authority's duty to safeguard and promote their welfare includes providing advice and support, including financial assistance, to ensure measures are in place to minimise the likelihood of the child (re)offending and working with other agencies including YOT and CYPMHS, etc. Support for a child on remand to local authority accommodation might include access to local diversionary programmes, therapy, counselling, mentoring and any other support required to meet a child's assessed needs.

6.1 Remands to Local Authority Accommodation

• Where a child/young person is Looked After only by reason of being remanded to local authority accommodation, the Care Plan and Placement Plan must be prepared within 5 working days of the child/young person being remanded;
• The Care Plan does not need to include the plan for permanence/long-term plan for the child/young person's upbringing, unless it is considered that the child/young person needs to remain looked after after the period of remand has ceased. However, consideration must be given to what longer term support or accommodation the child/young person 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 Initial Care Planning Procedure.

6.2 Remands to Youth Detention Accommodation

6.2.1 Where the child/young person was Looked After immediately before being remanded:

• A Detention Placement Plan must be prepared instead of a Placement Plan, within 10 working days of the remand. This will usually be 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, Health Checks and Health Care Plans Procedure) do not apply.

6.2.2 Where the child/young person 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/young person'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) do not apply, but the responsible authority must take all reasonable steps to ensure that the child/young person 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;
• In relation to Statutory Visits to Children/Young People Looked After Procedure, the social worker must also visit whenever reasonably requested to do so by the Governor, Director or Registered Manager of the Youth Detention Accommodation; where there is a notice of concern from Ofsted about the establishment where the young person is accommodated (under the Care Standards Act 2000 or section 47 of the Criminal Justice Order Act 1994), or H M Inspectorate of Prisons where the young person is in a YOI;
• In relation to Looked After Reviews Procedure, the responsible authority does not have to consider whether they should seek any change in the child/young person's legal status, whether there is a plan for permanence for the child/young person, 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 Children Looked After in Contact with Youth Justice Services Procedure);
• The provisions as to avoidance of disruption in education, placements out of area and termination of placements do not apply.

6.2.3 Detention Placement Plans

The Detention Placement Plan must:

• Set out how the Youth Detention Accommodation will contribute to meeting the child/young person's needs;
• Include the address of the Youth Detention Accommodation;
• Be agreed with, and signed by, the Governor, Director or Registered Manager of the Youth Detention Accommodation;
• Include:
  • How, on a day to day basis, the child/young person will be cared for and the child/young person's welfare will be safeguarded and promoted, particularly noting if there is a risk of self harm, emotional or Mental Health problems;
  • Ensure the child/young person is aware of how they are going to be kept safe, including the Establishment's policy on Bullying;
  • Any arrangements made for contact between the child/young person and parents/persons with Parental Responsibility / Connected Persons including, if appropriate, the reasons why contact would not be reasonably practicable or would not be consistent with the child/young person's welfare; details of any orders made under sections 8 or 34 of the child/young person Act 1989;
  • The arrangements made for the child/young person's health (including physical, emotional and mental health) and dental care including any arrangements for the giving or withholding of consent to medical or dental examination or treatment;
  • The arrangements made for the child/young person's education and training which seek to meet any specific needs of the child/young person;
  • Identify what arrangements the YDA Establishment has that might appropriately develop independent living skills;
  • The arrangements made for social worker visits, the frequency of visits and the arrangements made for advice, support and assistance to be available to the child/young person between visits;
  • If an Independent Visitor is appointed, the arrangements made for them to visit the child/young person.
  • The child/young person's personal history, religious persuasion, cultural and linguistic background, and racial origin. This may include establishing a child/young person's immigration status and whether there is anyone who has Parental Responsibility;
  • The name and contact details of:
    • The Independent Reviewing Officer;
    • The Independent Visitor (if one is appointed);
    • The social worker;
    • The Personal Adviser appointed if the child/young person is an Eligible child/young person;
• The responsible authority must ensure:
  • The child/young person is offered practical support where appropriate, e.g. clothes, money, books, etc;
  • That the child/young person's wishes and feelings have been ascertained and given due consideration;
  • Where the child/young person was Looked After immediately before being remanded, that the Independent Reviewing Officer has been informed of the remand.

See Matters to be dealt with in a Detention Placement Plan of The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review.

7. Statutory Visits to Children and Young People on Remand