Case responsibility
How to understand the implications and arrangements when working with a child from another area. It includes information on what to do when a child who is looked after is placed out of area.
- Children’s welfare should be kept at the centre of all decision making.
- You should always consider any public protection issues, and plan to address these.
- Children and their parents or carers should be involved in decision making about the support they will receive, and understand the decisions made.
- Support should be maintained throughout the process, such as any moves and changes for supervising staff members.
- Justice services should be provided to the same standard, regardless of which local authority has responsibility or where the child lives.
- Good communication should always be maintained between local authorities and agencies; with information shared in a consistent and timely way and accurate records kept.
This guidance should be read alongside other relevant sections of the case management guidance and the concordat on children in custody.
A home youth justice service (YJS) is the one in the local authority where the child usually lives. When a case is transferred to the responsibility of a new YJS, that service becomes the home YJS.
A host YJS is the one in a local authority which provides justice services to children who don’t usually live in that area. This could include:
- when the child is looked after and placed in the area
- because the child is in a temporary bail placement in the area
- when the child has just moved and the home YJS is retaining responsibility for a set period for consistency, whilst checking that the placement will become stable for permanent transfer.
A designated local authority is the one the court decides is responsible for the child. This should by default be the home YJS; and if there is a disagreement about the responsible area, the court will decide which area is responsible.
Caretaking is an arrangement where a host youth justice service (YJS) provides day-to-day management of a child’s case, but another area retains overall case responsibility. Where a child is looked after outside of their home area, the host YJS will provide caretaking on an ongoing basis as long as the child lives there; but the home YJS remains responsible (see later sections for more detail about arrangements for children looked-after). Caretaking may also be provided on a temporary basis, for example when a child moves to stay with another parent or carer and there is an agreed period of time (usually three months) to test whether this is likely to become permanent.
Transfer is when a child moves to a new area; for example, the whole family moves to a new house. If this is a permanent move, there will be a transfer of case responsibility and the new area becomes the home YJS.
If a child is arrested outside of their home area, the area where the arrest happens must provide appropriate adult services. All children under 18 must receive an appropriate adult service.
The police will contact their local authority – during office hours this is usually the youth justice service (YJS), and out-of-hours the emergency duty team – to ask for an appropriate adult. If the child is from another area, the host area must provide the appropriate adult service. They should attempt, as far as possible, to get relevant information about the child from the home area and inform them promptly about what happens.
If the child is not going to be released on bail and needs to be held overnight, the police must request a transfer into local authority care under the Police and Criminal Evidence Act 1984. This is often described as ‘finding a PACE bed’. This request often happens outside of usual office hours, so may be dealt with by the local authority’s emergency duty team.
There is sometimes confusion as to whether the request being made is for a secure placement or not. Where a custody officer authorises an arrested child to be kept in police detention, the custody officer should ensure the arrested child is moved to non-secure local authority accommodation unless it is impracticable to do so (this relates to exceptional circumstances), there is an evidenced likelihood of absconding, or there is an urgent need to protect the public from very serious and imminent harm.
In the vast majority of cases, the child will be placed in a non-secure placement, which may include as appropriate:
- the family home
- for a child looked-after, their usual care placement
- a relative
- an emergency foster placement
- a local authority remand bed
If the police make a request for a PACE bed, it is the responsibility of the local authority receiving the request to find a bed. Problems with availability are not an acceptable reason to refuse the request; and the police may not decide to keep the child in police custody overnight rather than accept a non-secure placement. The child must be transferred to an appropriate placement and not held in police cells.
If it is not clear which is the home area for the child, the police may contact any local authority and they are responsible for providing the placement.
For more information see what you should do if the police are considering denying bail.
A child will be dealt with by the police in the area in which they are arrested and the disposal decision should remain with the police in the area where the offence took place. If this is outside the area where they usually live, the police should notify the home youth justice service (YJS) of the child’s arrest within 24 hours.
If the child lives permanently in another area, the decision for the disposal should be agreed between the arresting and home areas. The area where the offence occurred is obliged to consider the advice from the home area, ideally by involving the home area in the decision-making panel (virtually if necessary). Good communication is vital in this type of situation, to ensure that the child is not unnecessarily criminalised and gets the support they need.
If the child is looked after, living in the area but has a home youth justice service (YJS) elsewhere, the decision as to the disposal will be taken by the host YJS joint decision-making panel (the YJS in the area where the child lives which is caretaking the case), having informed and consulted with the home YJS. Interventions will be delivered by the host YJS and there should be agreement about the package to be delivered. There is not a requirement to request formal caretaking in these situations.
The outcome for the child will be recorded as an outcome for the home local authority, not the host. The child’s data will be included in the statistics on first time entrants for reoffending (as appropriate) for the home area and not the host.
If a child moves part way through an out-of-court disposal which requires ongoing intervention, this should be transferred to the local YJS and formal caretaking arrangements should be requested - as per the main guidance. However, it is not uncommon for children to move frequently so there is discretion for services to continue to support children in neighbouring areas that are easily accessible.
When the court lists are made available (including on Saturdays and Bank Holidays), the youth justice service (YJS) court worker will check for any children attending who are from another area. If another responsible YJS is identified, the host YJS should make contact to find out whether the child is known and obtain relevant background information including recent reports and assessments.
If the home YJS knows in advance that a child is appearing in court in another area, they should inform the host YJS as early as possible, providing all relevant background information.
The home YJS may make arrangements with the host to attend and deal with the court processes for that child if the host area is not far from the home, it is possible to attend in person or virtually, or it the home YJS considers the child is best served by having their own case manager attend.
The home YJS may make arrangements with the host to attend and deal with the court processes for that child. This should always be the case if there is a likelihood of the child being remanded or if the child is charged with a serious offence.
If a home YJS cannot be identified, for example if the child has recently entered the country or does not have a fixed address, the host YJS should provide services for that child until a responsible area can be established. If there is disagreement about this, the court will appoint a local authority as the designated responsible authority. If there is any concern about the child’s welfare, that the child has been trafficked, is an asylum seeker or unaccompanied child, the host area children’s services department must be informed as soon as possible and action taken to safeguard the child.
For more information:
Human Trafficking, Smuggling and Slavery - The Crown Prosecution Service Child Trafficking Advice Centre (CTAC) - NSPCC Learning Children’s asylum claims casework guidance
If a child from another area appears in court on a Saturday or Bank Holiday, the host area should attempt to contact the home area. If this is not possible, they should provide the best service they are able to and inform the home area as soon as possible on the next working day. If there is a likelihood of the child being placed into custody (youth detention accommodation), the host YJS should complete the relevant AssetPlus stage as fully as possible and send it to the Youth Custody Service, to ensure that the child is placed appropriately. On the next working day, the home YJS should then send further background information on that child to the Youth Custody Service’s Placement Team.
The host YJS must contact the home YJS to check proposed bail addresses and complete the AssetPlus bail module for court. If the address to be proposed to court is not in the home area, the area in which it is located should be consulted and agree to caretake the bail support if necessary. For short bail periods, it is preferable for the home area to continue to provide the support, including by virtual means as appropriate, for consistency for the child.
It is important to reduce the risk of a child being avoidably remanded. Host areas should therefore take every step possible to provide a suitable bail package for children whatever their home area.
When there is a likelihood of remand, the host area must inform the home area as soon as possible so that accommodation can be identified. The home area is responsible for arranging and paying for secure escorts to transport the child to the placement. The host YJS must ensure that an appropriate person stays with the child until the secure escort arrives and handover has taken place. Arrangements should then be agreed as to which area is best placed to support the child during the remand period, with the child’s best interests as a central concern.
If the child has had previous involvement with youth justice services (YJS), the home YJS is responsible for completing the placement documents and sending them securely to the Youth Custody Service’s Placement Team. The host YJS in court should contribute current information about the child’s safety, wellbeing and any concerns about how they present.
If the child is not previously known to the home YJS or one cannot be identified, the host YJS should complete the placement documents to the best of their ability, noting gaps in their knowledge of the child, and send a copy to the home area once this has been established.
If the child is remanded into youth detention accommodation, the home YJS has responsibility for providing services, and also for paying the cost of the remand. If the designated local authority is amended during the remand period, the new home area can be retrospectively charged for the full cost.
If a child who is looked after is appearing in court and there is a risk of remand or custodial sentence, the host YJS should inform the home YJS and ensure they can contribute to proposals and planning. The home YJS should send any relevant documents in preparation, and the host YJS will inform the home as soon as possible of the outcome. The home YJS is then responsible for reviews and resettlement planning.
In general, the home youth justice service (YJS) is responsible for writing reports for the child; however where it is agreed that the host YJS has more up-to-date information and it is in the best interests of the child, arrangements may be made for the host area to contribute or complete the report.
The Referral Order will specify the youth justice service (YJS) responsible for implementing the order. This includes providing the panels and day-to-day support for the child. For a child who is looked after, this will usually be the host YJS, as the home area may not have had any prior contact with the child. The home area will contribute as requested to the panel report and other assessments; and the host YJS will keep the home area informed about progress and outcomes. The host YJS will be responsible for engagement and any breach action to be taken. If the child goes back to court for a further offence, the home YJS will complete the pre-sentence report, using the information provided by the host YJS assessments and records.
If a child is arrested and taken to court in Scotland or Northern Ireland, that court has jurisdiction. However, this poses difficulties as to whether the sentence is enforceable in England or Wales, so referring the child’s case back to court in the home area is preferable for the interests of justice.
Referral Orders are only available in England and Wales and cannot be transferred to Scotland or Northern Ireland. If a child on a Referral Order is moving to Scotland or Northern Ireland, the order should be taken back to court to be revoked. The child should attend, as the court can then chose to give an alternative sentence in line with what would have been available at the time. However, progress on the Referral Order can be provided as an argument for simple revocation.
A child on a Youth Rehabilitation Order (YRO) who moves to Northern Ireland can have the order transferred there, if certain conditions apply:
- the number of hours, days and months attached to any Requirement are no greater than the equivalent amount available in Northern Ireland
- arrangements can be made by the Probation Board for Northern Ireland to manage the case
- arrangements can be made to deliver the Requirements attached to the YRO
There is no equivalent power to transfer YROs to Scotland. Bordering areas such as Northumberland and Cumbria have made local arrangements for cross border working. Requirements such as ‘curfew’, ‘residence’ or ‘local authority residence’ need to be revoked for these arrangements to be effective.
Disputes about case responsibility should be resolved as quickly as possible and a consistent service for the child maintained while this is taking place. Disagreements should be referred in the first instance to the youth justice service (YJS) or operational manager; then Head of Service. If this does not resolve the matter it should be escalated to the YJS Management Board Chair and Director of Children’s Services. During this time the host YJS should continue to provide services without this influencing the final decision and the welfare of the child should be kept as a central consideration.