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:
AMENDMENTThis chapter was updated in December 2019 to add details of how to request a change of placement if a child’s circumstances change or if there are risks in the current placement). (See Section 2.1, How to Request a Transfer or Placement Review).
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.
The Act imposed a new scheme for remands of children (other than on bail). All children must be remanded into local authority accommodation, or (where certain criteria are met) Youth Detention Accommodation. In both situations, the cost of this accommodation must be met by the designated local authority, and the child will attain Looked After status.
The main changes were:
The Act gives local authorities greater financial responsibility for remands to Youth Detention Accommodation. Youth Offending Teams will therefore have a financial interest in ensuring that they are adequately prepared for the remand hearing. For example Youth Offending Teams should where appropriate assist the court with information relating to:
When a child or young person under 18 is remanded or sentenced to custody, the Youth Custody Service decides where they should be placed.
This comprises the following kinds of accommodation:
A court can only order a Remand to Youth Detention where certain specified criteria are met:
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.
The Youth Custody Service (YCS) carries out placement reviews to decide whether a transfer is required for a child or young person.
YOTs can ask for one if they are responsible for a child or young person and:
To request a transfer, the YOT should read the Placement Review Guidance and then:
Other people can ask for a transfer but only the YOT and/or staff at the establishment where the child is placed should contact the YCS Placement Team.The YCS Placement Team makes the final decision in the best interests of the child or young person after carefully considering all of the information available and opinions stated.
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.
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 Youth Justice Board has provided guidance in the event of a dispute between Local authorities as to the designated Local Authority. Please see Appendix 1: Youth Justice Board (YJB) Guidance on Designated Authorities. It is not a panacea to every situation but is a helpful starting point.
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.
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:
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.
Merton's arrangements for a YP likely to be remanded to the Local Authority or to a Youth Detention Accommodation are shown in the flow diagram (see Appendix 2: YOT and Children's Social Care Practitioner Responsibility Flowchart - Remand).
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. In Merton the SW is to organise transport to LAA - whether the young person is previously known or not.
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 an adult.
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.
If a young person is arrested and likely to be held overnight the YOT (Youth Justice Team) court duty officer will inform the YOT Operational Manager without delay. The Operational Manager will in turn contact the YOT Manager and Access to Resources and notify the allocated social worker team or MASH.
The purpose of this will be to begin preparation for the following morning's court and to ensure that at the earliest opportunity key individuals are being made aware that the young person is likely to be held overnight. It is for Heads of Service in conjunction with Access to Resources Team (ART) (see Placement Requests: Access to Resources Making LAC Placements with ART Procedure) to look at alternative accommodation arrangements for young people held in police custody. The key principle being that young people should be provided appropriate accommodation rather than spending the night in police custody.
If a child or young person is remanded to Youth Detention Accommodation (YDA) or local authority accommodation then they will become a looked after child.
The YOT officer and social worker will undertake a joint visit to the young person within 5 working days of the child becoming accommodated.
Within 10 days of the child being accommodated an initial planning/remand meeting should take place and should be attended by the YOT officer, social worker and where possible the IRO.
The young person will then be visited in line with LAC visiting requirements.
Looked after child reviews will be held in line with the Care Planning, Placement and Case Review Regulations.
If the young person is sentenced to custody then at least 4 weeks prior to the release of the young person a planning meeting will be convened to agree an exit plan for the young person with roles and responsibilities defined. This meeting will also confirm the details of the accommodation for the young person following discharge.
A post-release meeting will be held within 5 working days after the young person has been released. This meeting will also occur for any unexpected release from remand to YDA (e.g. in cases of being found not guilty at trial) or at the end of a custodial sentence when the sentence was completed in custody (e.g. in cases when young person is recalled on licence and ends their order in custody).
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).
Otherwise, the care planning arrangements are the same as for all other Looked After children - see Care Planning for Looked After Children Procedure.
The Detention Placement Plan (see Appendix 2: YOT and Children's Social Care Practitioner Responsibility Flowchart - Remand) must:
See Matters to be dealt with in a Detention Placement Plan' (page 17-20) of The Children Act 1989 Guidance and Regulations - Volume 2: Care Planning, Placement and Case Review (2015).
Merton has an operational group for LASPO that meets quarterly and oversees new arrangements and supports management oversight of those young people who have offended.
The group's main function and purpose is to monitor and oversee the implementation of the LASPO legislation within the Borough relating to the Process for those young people remanded to Local Authority Care / Youth Detention Accommodation who receive 'Looked After' status.
This in particular would involve the following:
Youth Justice Board Guidance (when there are LA disputes over the Designated Local Authority).
The Crime and Courts Act 2013 which received Royal Assent on 25 April 2013 amends section 102 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012. The new provisions, which relate to the designation of a local authority for a child who is remanded to youth detention accommodation, came into force the day after Royal Assent.
Section 102(6) of the LASPO Act requires the court (where a child is remanded to youth detention accommodation) to designate a local authority as the designated authority for the child. The designation operates for various purposes, including the recovery of costs from the designated authority.
Section 102(7)(a) provided that the court must, where the child is looked after, designate the authority which looks after the child. Section 102(7)(b) provided that, where section 102(7)(a) does not apply, the court must designate either the local authority in whose area it appears to the court that the child habitually resides, or the local authority in whose area it appears to the court that the offence was committed. The amendments:
Only valid for 48hrs