Remands to Local Authority Accommodation or to Youth Detention Accommodation
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:
AMENDMENTSection 7, Statutory Visits to Children and Young People on Remand was added in December 2017 to include a link to the chapter on Statutory Visits to Children Looked After which contains requirements for children and young people on remand.
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 remanded in criminal proceedings will be looked after. Children may be remanded to Local Authority Accommodation (RLAA) or to Youth Detention Accommodation (YDA). The authority responsible for a child 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's care.
Where a child 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 (though authorities are not required to produce a "plan for permanence" for this group of children). Where a child, including a child 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's needs whilst they are detained. The Care Planning, Placement and Case Review Regulations 2010, as amended, take LASPOA into account.
Where a child becomes looked after as a result of being remanded to youth detention accommodation (YDA), the local authority must visit the child and assess the child'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's needs whilst the child remains remanded. The DDP must be reviewed in the same way as a care plan for any other looked after child.
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 has reached the age of 12; and
- Either the child 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 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 to Youth Detention Accommodation, the court must designate a local authority as the designated authority for the child. The child will be Looked After by that designated local authority.
The responsible local authority will be the authority already looking after a child or, in the case of a child not previously Looked After, the authority in whose area the child 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 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
A court that remands a child to local authority accommodation must designate the local authority that is to receive the child. The responsible local authority will be the authority already looking after a child or, in the case of a child not previously Looked After, the authority in whose area the child habitually resides or the offence/one of the offences was committed.
The designated local authority must receive the child and provide or arrange for the provision of accommodation for the child whilst the child is remanded to local authority accommodation.
Where a child is remanded to local authority accommodation, it is lawful for any person acting on behalf of the designated authority to detain the child.
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 to secure compliance with such conditions provided that:
- The child 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 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's case.
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 such conditions imposed on the child, 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.
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 under a contract held by the Youth Justice Board. Children 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 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. Where a child 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.
6. Care Planning for Young People on Remand 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.In relation to children remanded to local authority or Youth Detention Accommodation, the Care Planning Regulations were amended by the Care Planning, Placement and Case Review (England) (Amendment) Regulations 2013. See also The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review (2015).
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 and Placement 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 after 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 Initial 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 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 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) 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;
- In relation to Statutory Visits to Children 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'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 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'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;
- How, on a day to day basis, the child will be cared for and the child'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 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 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's welfare; details of any orders made under sections 8 or 34 of the Children Act 1989;
- The arrangements made for the child'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's education and training which seek to meet any specific needs of the child;
- 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 between visits;
- If an Independent Visitor is appointed, the arrangements made for them to visit the child.
- The child's personal history, religious persuasion, cultural and linguistic background, and racial origin. This may include establishing a child'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 is an Eligible child;
- The responsible authority must ensure:
- The child is offered practical support where appropriate, e.g. clothes, money, books, etc;
- That the child's wishes and feelings have been ascertained and given due consideration;
- Where the child 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 (2015).