Local Authority Responsibilities Towards Children Looked After Following Remand: consultation on changes to the Care Planning, Placement and Case Review (England) Regulations 2010, DfE (2012)
The Department is seeking views about how local authorities might effectively carry out their functions under Part 3 of the Children Act 1989 towards children, who are known to the youth justice system and who are remanded into local authority accommodation or into youth detention accommodation (YDA).
Following the commencement of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA) all such children will be treated as ‘looked after’ within the meaning of the Children Act, and will be entitled to local authority support, and local authorities will be responsible for the costs of their care.
As with any other looked after child, local authorities will have care planning responsibilities towards this group of children. However, some modifications to the Care Planning, Placement and Case Review (England) Regulations 2010 (the Care Planning Regulations) and statutory guidance are necessary to take into account:
- that the decision to remand a child, therefore making them looked after (if they were not already looked after prior to remand) is made by a court, rather than by the designated local authority that will have duties towards them. This decision may be made at short, or no, notice for the local authority concerned;
- that local authorities may only have very short-term relationships with remanded looked after children, lasting only for the period they remain remanded;
- that where a child is remanded in youth detention accommodation, the child will not be placed by the authority that is looking after them, rather they will be placed by the Youth Justice Board’s Placement Service acting on behalf of the Secretary of State (for Justice). In these circumstances the local authority responsible for the child does not have control over the day to day arrangements necessary to safeguard them and promote their welfare – including arrangements for their education/training and healthcare.
The revisions to the Care Planning Regulations we are consulting on will not affect children who were looked after immediately before remand, and who are remanded to local authority accommodation. In relation to children who are remanded to local authority accommodation, and as a result become looked after, we are proposing minor changes to local authority duties under the Care Planning Regulations.
The substantial changes we are proposing will affect local authority duties under the Care Planning Regulations in relation to children who are remanded to youth detention accommodation (YDA), whether or not they were looked after immediately before their remand.
The consultation closes on 6th February.
Published : 9th January 2013
Publisher : Department for Education [ More From This Publisher ]
Rights : Department for Education
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