Contents

1. Legal Basis for a Court Ordered Secure Remand
2. Legal Powers According to Age and Gender
3. Admission Process
4. Admission Procedure
5. Remand Reviews
6. Care Planning and Review
7. Visiting Requirements
8. Looked After Children’s Reviews
9. Re-Admissions
10. Escorts and Transport
11. Family Visits/Contact
12. Legal Visits/Visits by Local Authority Representatives
13. Medical Treatment
14. Temporary Release
15. Production Orders
16. Role of the LAC/Leaving Care Teams at the conclusion of the Young People’s Court Ordered Secure Remand

1. Legal Basis for a Court Ordered Secure Remand

Section 23(1) of the Children and Young Persons Act 1969 enables a court to remand a child or a young person under 17 years of age and, if it does so, that remand must be to accommodation provided by the responsible authority. (This needs to be understood in the light of the provisions set out below).

Section 23(4) of the Children and Young Persons Act 1969 enables a court, when remanding within s 23(1), to require that a local authority place the young person in secure accommodation.

Section 23(5A) of the Children and Young Persons Act 1969 provides that in respect of a 15 or 16-year-old boy, if a court considers that because of their physical or emotional immaturity or propensity to harm themselves it is undesirable to remand that person to a prison, they may remand the young person into secure accommodation or, if no secure accommodation is available, into prison custody.

Section 23(7A) of the Children and Young Persons Act 1969 provides that where a child or young person is remanded and made subject to a security requirement, the local authority may arrange for the child or young person to be detained in a STC. The consent of the Secretary of State must be obtained before a placement is made into a STC. The Youth Justice Board now has the authority to consent to such a placement.

Section 23(7B) of the Children and Young Persons Act 1969 allows arrangements made under s27 (7A) to include provision for payment to be made by the local authority to the Secretary of State.

Section 22(1) of the Children Act 1989 provides that a child who is either in the care of a local authority or is “provided with accommodation by the authority” in the exercise of certain social services functions, within the meaning of the Local Authority Social Services Act 1970, will be regarded as a “looked after” child.

A child or young person placed into a STC or secure children’s home is being “provided with accommodation by the authority in the exercise of any functions” under s22 (1) and is therefore to be regarded as a “looked after” child.

The powers and duties of local authorities to children who are looked after by them are set out in the Children Act 1989 as principally amended by the Children (Leaving Care) Act 2000, the Adoption and Children Act 2002 and the Children and Young Persons Act 2008, as well as the associated Regulations and guidance on the exercise of those functions. Practitioners and their managers will need to be familiar with the legislation, the associated Regulations and the statutory guidance.

This Protocol takes account of the new Regulations and Statutory Guidance on Care Planning, Placement and Review Processes for looked after children which came into effect on the 1st of April 2011.

2. Legal Powers According to Age and Gender

Children under 10 are below the age of criminal responsibility.

10–11-year-olds

A court may decide to bail the child with or without conditions, or remand to local authority accommodation with or without conditions. The local authority may apply to hold the child in secure accommodation under s25 of the Children Act 1989 if the criteria in the Children (Secure Accommodation) Regulations 1991 are met. There are no legal powers for this age group to be made subject to a COSR.

12–14-year-olds and 15–16-year-old girls

A court may decide to bail the child or young person with or without conditions, or remand to local authority accommodation with or without conditions. The court itself may decide to remand the child or young person to secure accommodation under s23 of the Children and Young Persons Act 1969 if the criteria in that section are met by making a COSR. A court may not remand this group to prison custody (a YOI). The responsible authority may, if a COSR is not made, apply separately to hold the child in secure accommodation under s25 of the Children Act 1989, if the criteria in the Children (Secure Accommodation) Regulations 1991 are met.

15–16-year-old boys

The same applies to this group as for 12–14-year-olds and 15–16-year-old girls, except that only if the court considers it undesirable to remand the young person to prison custody (a YOI)  because of their physical or emotional immaturity or propensity to harm themselves may it remand the young person to secure accommodation under s23 of the Children and Young Persons Act 1969, and only then if the criteria in s23(5) are met and a secure place has been identified in advance.

17-year-old boys and girls

A court can only remand this group to prison custody (a YOI), not to secure accommodation.  In certain circumstances, the local authority may apply to hold the young person in secure accommodation under s25 of the Children Act 1989.

Applications under s 25 of the Children Act 1989

In the case of a child under 13 years of age, the local authority must obtain prior approval from the Department for Education’s Secretary of State (or the Welsh Assembly Government in relation to a child that resides in Wales) before placing such a child in secure accommodation. This does not apply to a 12-year-old made subject by a court to a COSR.

3. Admission Process

The Youth Offending Team is responsible for providing the Youth Justice Board Placement Service with assessment information regarding a young person where the court outcome is likely to be a Court Ordered Secure Remand.

This information will be forwarded by the Youth Offending Team electronically to the Youth Justice Board Placement Service.

This must include a Youth Justice Board Placement Alert Form, a completed Asset-Core Profile which must be less than one month old and pertain to the current offence and any other information relevant to safeguard the young person or others.

If the court is minded to make a Court Ordered Secure Remand, before the court makes its final decision, the YOT Officer at Court should alert the Youth Justice Board Placement Service that a secure remand placement may be needed as well as make contact with the relevant team within Children’s Services. For cases already allocated within Children’s Services, contact will be made with the named Social Worker. For cases that are not allocated within Children’s Services, contact will be made with the Duty Social Worker for the Looked after Children’s Teams for young people under the age of fifteen and a half. For young people aged fifteen and a half and older, contact will be made with the Duty Social Worker for the Leaving Care Teams.

The YJB Placement Service will then be responsible for checking whether there are  places available in either an STC or SCH and will advise the YOT Officer at court whether or not places are available.

It is normally the case that places are available and once the secure remand has been made the YJB Placement Service will advise the YOT of the most appropriate available place for the young person.

However, if, exceptionally, a place is not available the relevant local authority will need to make alternative arrangements which it deems most appropriate in the circumstances until a secure place becomes available. This is on the basis that the remanded young person is a looked after child and therefore the placing responsibility lies with the relevant local authority.

When a placement is being sought the YJB Placement Service considers all the information made available on the young person and advises the YOT Officer of the most suitable establishment for the young person based on their individual needs, risks and circumstances. This should include information from the local authority if the child or young person is known to them.

The responsible authority should satisfy themselves that the placement is suitable for the particular young person.

The YOT Court Officer will notify either the Duty Worker at the Looked after Children’s Teams or the Leaving Care Teams when the order is made. From this point onwards, the young person is regarded as looked after.

The YJB Placement Service will then contact the SCH or STC to notify them of the likely placement, and send all available assessment information electronically to the establishment to enable them to make an assessment as to whether they are able to meet the needs of the young person. At a minimum this will include the:

• Asset-Core Profile (or Asset-Bail Supervision and Support Profile; 

and

• Asset-Risk of Serious Harm (if applicable).

The following documents will also be sent electronically to the establishment by the YJB Placement Service, either at the point of placement or when they become available:

• Most up to date Asset;
• Pre-sentence report;
• Post court report;
• Vulnerability management plan;
• Risk management plan, and
• Any other relevant information.

The establishment then has 30 minutes from receipt of the information in which to consider the paperwork, decide whether they are able to meet the needs of the young person taking into account the other residents and notify the Placement Service. Staff from the establishment may wish to discuss the young person directly with the YOT Officer.

The YJB expect establishments to have processes in place so that they are able to make a decision within 30 minutes. In exceptional circumstances the STC or SCH can contact the Placement Service advising that they require longer (up to one hour in total) to make the decision, outlining their reasons why this additional time is necessary.

Within 30 minutes, or one hour if agreed, of receipt of the information the SCH or STC must notify the Placement Service of their decision by telephone and, if the placement is deemed “unsuitable” provide written record of the reasons for their decision. The written confirmation must be received within the same timeframe; 30 minutes, or one hour if agreed, from the receipt of the information.

If the unit accepts the placement then it is expected that this will be the placement for the duration of the remand. If difficulties arise after the placement is made then a transfer may be appropriate and this must be discussed between the establishment, local authority and the YJB Placement Service using the separately agreed transfer procedures that are in place.

Before a placement into an STC or SCH can be made a copy of the protocol agreement form, signed on behalf of the local authority, must be provided to the YJB Placement Service. We need only to hold one copy of the agreement so if the local authority has already signed one a new one will not be necessary for each placement made. 

4. Admission Procedure

Prior to placing the young person, the Duty Social Worker from either the Looked after Children’s Teams or Leaving Care Teams will prepare the Placement Plan/Agreement and Essential Information sending these to the placement identified by the Youth Justice Board Placement Service.

The Duty Social Worker must complete the SR1 to notify the Child Protection and Review Unit that a LAC Review will be required within 20 days of the young person being placed in either a Secure Training Centre or a Secure Children’s Home.

The STC or SCH can not admit the young person if she/he arrives either without a Court Warrant or with an incorrect one (see Court Warrants Checklist). If this occurs during office hours the responsible YOT Officer should liaise directly with the Court to issue or amend the warrant. The YOT should ensure that they know the local arrangements for contacting a Magistrate out of office hours.

Where the Court Warrant or documents have not been received by the STC or SCH, the local authority will be expected to make alternative arrangements for the young person until the situation is remedied.

As the local authority has placement responsibility for a COSR, they may at any time transfer the child or young person to an alternative placement organised and funded by the local authority. The STC or SCH may request additional resources from the local authority to facilitate the placement should the individual needs and circumstances of the particular young person warrant it. This would need to be negotiated between the local authority and establishment. The YJB will not provide any additional resources.

5 . Remand Reviews

Reviews of all placements must be in accordance with the National Standards for Youth Justice Services.

In accordance with National Standards a remand review must be set up within five working days of the placement being made. Ideally this should take place in the establishment and include representatives from the local authority (YOT Officer and L.A. Social Worker). 

The allocated Social Worker from either the Looked after Children’s Teams or Leaving Care Teams will be required to attend this Review.

A meeting held in the establishment enables the child or young person’s allocated Social Worker or representative of the local authority to visit and inform an initial planning meeting for a remand plan to be constructed.

This initial planning meeting must:

• Determine whether a programme could be offered in support of a bail application at the next court appearance.
• Determine whether the placement is the most suitable for the young person and consider whether alternatives should be discussed with the YJB Placement Service.
• Prepare a remand plan setting out what programme of work will be offered to the young person by the establishment and responsible authority should the remand continue.
• Discuss any other relevant issues related to the young person’s placement, care, legal status, and individual needs including the arrangements for family and legal visits.

A remand review must be held at least monthly to continue monitoring the placement, the remand plan and to make future plans. The allocated Social Worker from either the Looked after Children’s Teams or Leaving Care Teams will be required to attend the Remand  Reviews.

A specific review meeting should be held prior to sentencing which will include planning for the court disposal and detail the contribution the establishment is able to make to the pre-sentence report.

The remand plan will include arrangements for education and training.

6. Care Planning and Review

A young person who is subject to a Court Ordered Secure Remand is a looked after child and all existing procedures which pertain to looked after children apply.

Unless already an open case within a social work team/unit, the responsibility for these young people lies with either the Looked after Children’s Teams or the Leaving Care Teams.

Initially, such cases will be dealt with on a duty basis and prior to the first Remand Review, the case will be allocated to a named worker.

The allocated worker will have responsibility for completing any outstanding LAC paperwork including an Interim Care Plan – this must be prepared within 10 working days of the start of the COSR.   

7. Visiting Requirements

The young person must be seen in accordance with the visiting requirements for all looked after children set out in the Children’s Services Procedures Manual – Social Worker Visits Procedure.

Please Note: As there is a requirement that the allocated worker from either the Looked after Children’s Teams or Leaving Care Teams attends the Remand Review held within 5 days of the Court Ordered Secure Remand, the expectation is that a statutory visit will be completed on this date before or after the Remand Review.

8. Looked After Children’s Reviews

As with any looked after child, the first Looked after Review must take place within 20 days of the young person being placed in a Secure Children’s Home or a Secure Children’s Home. See: Looked After Reviews Procedure.

9. Re- Admissions

If a young person has been accommodated in a STC or SCH whilst on remand then they will automatically be returned to the same STC or SCH when re-remanded or sentenced, unless by agreement with all parties an alternative placement has been arranged.

On return the Placement Service will not provide duplicate information unless an updated Asset or any new information is made available to the YJB Placement Service.       

If the receiving establishment thinks it is not appropriate for them to continue to accommodate the young person then they must initiate early discussions with the Placement Service at least 24 hours prior to the young person’s court appearance. The responsible authority should also be consulted.  Any decision to transfer a young person must be agreed by all parties.

10. Escorts and Transport

The responsibility for arranging and funding transport for a COSR rests with the responsible authority.

At court the responsibility for holding a young person subject to a COSR whilst awaiting the arrival of escorts lies with the local authority. PEMS’ contractors have now agreed a variation order to their contracts to remove the exclusion of children and young people remanded to the local authority. This was effective from 1st June 09 and allows a young person made subject to a COSR to be held in the court cells area whilst awaiting transport. The local authority remains responsible for the young person. The YOT Service will be responsible for organising and funding the costs associated with escorts and transport to and from court.

11. Family Visits/Contact

The establishment will facilitate visits from members of the young person’s family in accordance with the child’s care plan and requirements of the YJB contract.

The responsible authority will be required to provide assistance to parents in order to maintain reasonable contact with their children whilst they are subject to a COSR and placed into either a SCH or STC.

The allocated Social Worker will promote contact as per Section 34 of the Children Act 1989 and operate with the agreed Section 17 Policy with regarding to payments made to facilitate contact. There is no financial provision from the Youth Justice Board to fund family visits/contact whilst a young person is remanded in a Secure Training Centre or a Secure Children’s Home.

12. Legal Visits/Visits by Local Authority Representatives

The establishment will facilitate any visits to the young person as required, ensuring that representatives from the responsible local authority are able to speak with the child in private.

13. Medical Treatment

Within the Placement Agreement, there must be clear information included setting out the arrangements for the delegation and responsibility for consent to medical or dental examination or treatment for the young person’s health and dental care.

As with any looked after child, the young person will require an Initial Health Assessment to take place prior to the first Looked after Children’s Review. Secure Remand. It is the responsibility of the allocated Social Worker to make arrangements for this assessment and for the health plan to be shared with the young person, their parents and the placement.

The responsible authority must satisfy themselves that the establishment will ensure that any medical treatment or emergency is dealt with and will consult the local authority and the child’s parents wherever possible. This will include where young people are remanded who suffer from chronic medical conditions such as diabetics, asthma, epilepsy etc.

The responsible authority will need to arrange and fund transport (except in an emergency) to hospital or outpatient appointment or for a bed watch if a hospital admission is required, in respect of any pre-arranged appointment, or course of treatment, made prior to admission to the establishment. The YOT Service will be responsible for organising this provision.

14.Temporary Release

Temporary release decisions for remanded young people will be agreed jointly by the senior designated manager in the local authority’s service for looked after children and the establishment. The expectation is that they will only be considered in exceptional circumstances and not form part of any remand plan. Such circumstances might include visiting a sick relative, attending a funeral of a close relative or attending court on non-criminal matters. The designated person in the Local Authority will be the Unit/Community Manager where the case is allocated.

If temporary release is agreed then the local authority will be expected to make the transport arrangements and provide the staffing complement to supervise this.

15. Production Orders

YOT will be responsible for ensuring the young person’s attendance at court. They must inform the placement and the Youth Justice Board Placement Service of all court appearances and make the necessary transport arrangements.

16. Role of the LAC/Leaving Care Teams at the conclusion of the Young People’s Court Ordered Secure Remand

Once the period of the court ordered secure remand period comes to an end, unless the young person is subject to a Care Order or an agreement is reached that the young person will be accommodated under Section 20 of the Children Act 1989, the young person is no longer looked after.

The role of the LAC or Leaving Care Social Worker at this point will be agreed on a case by case basis, dependent on the assessed needs of the young person, the age and length of time on secure remand which will determine eligibility to services under the Leaving Care Act 2000 and in discussion with the young person, their family, YOT and other professionals involved with the young person.

End