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5.1.9 Remand Fostering Scheme - Local guidance


Contents

  1. Bailed with a Condition to Reside as Directed by the Local Authority
  2. Remands to Local Authority Care
  3. Children & Young People 10 – 17 years Detained after Charge
  4. Electronic Monitoring and Remand Foster Care Placements
  5. Remands to Secure Accommodation or Custody
  6. Move On Placements
  7. Payment
  8. Respite
  9. Training

    Appendix A: Bail and Remand Guidance

    Appendix B: Somerset Youth Offending Team


1. Bailed with a Condition to Reside as Directed by the Local Authority

The Youth Offending Team (YOT) will identify at the earliest possible stage where there is likely to be a need for this provision for a young person. It is likely that this information will come from a bail worker on duty in court. This could be within or outside the Looked After system and must be discussed with the appropriate Children’s Social Care (CSC) representative, (child’s Social Worker, Team Manager or Operations Manager). CSC may make a decision to place a young person back at their home address. It is to be noted that the court now has a power to impose a condition of not to reside at an address.

YOT will contact the Strategic Manager – Child Placements and Resources with regard to the likely resource implications and the Team Manager/Operations Manager with regard to allocation of the case.

A bail placement may be required for a period of only 1 - 2 nights or for a significantly longer time period. All young people placed in an approved fostering bed will become looked after regardless of the length of time they require a placement for.

Where a young person is Accommodated by the Local Authority, changes of placement will be reported to the YOT by CSC, by email to the case holder in YOT. The case holder will update Careworks (electronic recording system).

Where a young person is looked after by the Local Authority the responsibility for their care, the cost of their care and notification of breach rests with CSC. The young person’s Social Worker should be present with them in Court.

The child’s Social Worker will also need to liaise with the YOT regarding a Bail Support Package.

The YOT has a responsibility to assist CSC staff in the court setting. This will be by briefing them within and outside the court setting and through more formal training as required.


2. Remands to Local Authority Care

The YOT will identify at the earliest possible stage where there is likely to be a Remand to Local Authority care. As this signifies that bail is likely to be refused the determination for this is likely to be the seriousness of the offence, a chronic history of offending on bail, persistent offending while subject to bail conditions or repeated failure to attend court.

The YOT will alert the Remand Foster Care Manager. If the young person is currently (or previously known) to the YOT, the YOT will provide their basic details, current charge/s, any Risk of Serious Harm or Vulnerability concerns and any other relevant information.

If the young person is not known to the YOT the attending bail worker will complete a Bail ASSET Assessment (Bail Supervision and Support Profile) and subsequently share this with the Remand Foster Care Team Manager.

The Remand Foster Care Manager will arrange for a Remand Foster Carer to be on standby awaiting the outcome of the court decision. If there is not an in-house remand foster placement available the Remand Foster Care Manager will seek approval from the Strategic Manager – Child Placements and Resources to search for an external placement.

If a Remand to Local Authority Care condition is imposed, the Remand Foster Carer will attend court and take charge of the young person.

The young person will become a Child Looked After and will be subject to the arrangements detailed in the Care Planning, Placement and Case Review (England) Regulations 2010. The young person will become looked after regardless of the length of time the placement is required for.

The following working day (or within 72 hours of placement) CSC will conduct a Placement Planning meeting attended by the YOT allocated worker or allocated bail worker and the young person’s Social Worker and the Remand Foster Carer. CSC will ensure all children looked after or leaving care requirements are undertaken and the YOT will ensure all bail conditions are understood and the dates of all court hearings are notified. The YOT, CSC and the Remand Foster Carer will agree the responsibilities for the enforcement of any other bail conditions imposed. Any required respite arrangements will also be discussed at this stage.

The Remand Foster Carer will be responsible for notification of breach to the police and YOT and ensure the young person attends all court appearances.

If the Remand placement takes place on a Saturday or Public holiday, the EDT will make the placement in absence of the Remand Foster Care Manager. The EDT will be aware of any vacancies on the Remand Scheme via the vacancy lists distributed at the weekend. The EDT will also have contact details for the YOT workers who are on call out of hours.


3. Children & Young People 10 – 17 years Detained after Charge

PACE codes of practice require custody officers to “try to make arrangements for the juvenile to be taken into the care of the local authority to be detained pending appearance in court”. When a Local Authority receives a request from the police to accommodate a child or young person they have an absolute duty – Children Act 1989 to provide a placement.

These requests are likely to be received out of hours, weekends or public holidays. If so the EDT will operate as per a remand placement.


4. Electronic Monitoring and Remand Foster Care Placements

The YOT is responsible for assessing whether a young person is suitable for electronic monitoring. The Court may not impose electronic monitoring of conditions of remand to local authority accommodation unless the YOT is of the opinion that such a condition will be suitable.

For Remands to Local Authority Care and the use of remand foster care placements the Remand Foster Care Manager will ensure the placements are suitable for the electronic monitoring equipment to be installed and that the Remand Foster Carer has given their permission for the installation.


5. Remands to Secure Accommodation or Custody

The Youth Justice Board (YJB) has the responsibility for managing the Secure Estate in England and Wales. Where there is a risk of a young person being remanded to secure accommodation or to custody, YOTs are required to send information including information regarding vulnerability of the young person and risk of harm they pose to others, to the YJB. This is to ensure that the most appropriate placement will be made to safeguard the young person whilst in secure accommodation or custody.

Where there is potential for a remand to Secure Accommodation, the YOT worker will have completed a Bail ASSET (Bail Supervision and Support Profile) or an ASSET (Assessment) together with a Vulnerability Assessment. Whilst the YJB is responsible for identifying the placement in secure accommodation or custody, the financial costs including the secure transport are the responsibilities of CSC. Where this is a possible outcome in court therefore, the YOT will notify the relevant senior manager in CSC as to the potential financial implications and make the necessary preparatory arrangements for transport. YOT staff will not formally order transport without confirmation from the relevant Service Manager.

It is the responsibility of the Bail Support Team, together with colleagues in CSC and YOT, to present and support suitable alternatives to secure accommodation and custody.

In the event of a Remand to Secure Accommodation or to custody the YOT will liaise with the Remand Foster Care Manager to discuss the viability of a remand foster placement being available for the next court hearing.

Appendix A: Bail and Remand Guidance gives details of the law in relation to bail and remand. YOT staff have a key role to advise CSC staff about the law and legal issues regarding applications for secure accommodation in the Youth and Magistrates courts and to assist in liaison with other criminal justice agencies such as HM Courts Service and Crown Prosecution Service (CPS).

See also Placements in Secure Accommodation Procedure and Local guidance – Secure Accommodation Policy for Children in Care.


6. Move On Placements

It is essential to ensure that good communication is maintained between all involved with the young person in relation to court dates and other potential points when the young person may need to move on from the Remand Fostering Placement. Move on placements need to be identified in advance to ensure smooth transitions for young people and avoid bed blocking the system.

If it is not possible to identify an appropriate move on placement in advance of an outcome the case will need to be presented to Placements Panel.


7. Payment

When a young person is in placement the Remand Foster Carer will receive a weekly fee of £300 and the allowance for the young person.

When a remand carer has a vacancy and is available a retainer of £300 per week will be paid in recognition that the foster carer needs to be available.

The remand carer will be entitled to respite/annual leave. Details of this are available from the Home Based Care Team.


8. Respite

Due to the intense nature of remand fostering it is likely that regular respite will be appropriate every 4-6 weeks. This will be considered on a case by case basis at the Placement Planning Meeting.


9. Training

A comprehensive training package is available. Please see Appendix B: Somerset Youth Offending Team below.


Appendix A: Bail and Remand Guidance

Bail and Remand Guidance

The right to bail

There is a general right to bail for any person in criminal proceedings.

A court must consider bail at every hearing and this obligation exists even if the accused does not apply for bail.

This general right does not however apply to serious cases i.e.; murder, attempted murder, manslaughter, rape or attempted rape and treason.

Exception to the Right to Bail

Bail may be refused if:

  • The defendant has been previously released on bail and has subsequently been arrested for breach of the conditions of that bail;
  • The defendant is already serving a criminal sentence;
  • The court is satisfied that the defendant should be kept in custody for his/her own protection; or
  • In the case of a juvenile, the court is satisfied that the defendant should be refused bail for his/her own welfare.

Bail may also be refused if the defendant has a previous history of failing to answer bail and in view of that previous failure the court believes s/he would fail to surrender to custody.

Where bail is refused

If a court refuses bail to a defendant it must give reasons for the refusal with a view to enabling the defendant to make another application for bail to another court. The court is under an obligation to record the reasons for its decision and a magistrates’ or youth court must supply a defendant with a copy of the reasons upon request.

Conditional Bail

No condition may be imposed unless the court considers it necessary to impose conditions to ensure that s/he:

  • Answers bail;
  • Does not commit an offence while on bail;
  • Does not interfere with witnesses or otherwise obstruct the course of justice;
  • Makes him/herself available for the purpose of preparing reports;
  • Attends an interview with a solicitor.

The court must give reasons for any conditions imposed.

Refusal of Bail

15 – 17 year old boys

When bail is refused the remand should be to L.A. accommodation. (If the young person is assessed as vulnerable and a secure remand is required and there is no secure accommodation available the court may remand to custody).

12 – 14 year old boys

When bail is refused the remand will be to L.A. accommodation. (If a secure remand is required this will be to L.A. secure accommodation).

10 – 11 year olds (boys and girls)

When bail is refused the remand is automatically to L.A. accommodation.

12 – 17 year old girls

When bail is refused the remand will be to L.A. accommodation. (If a secure remand is required this will be to L.A. secure accommodation).

Court-Ordered Secure Remands

A court may only remand to local authority accommodation with a security requirement if the criteria are satisfied; s/he has attained the age of 12; s/he is legally represented, and the court has consulted with a probation officer or a social worker of a local authority.

Criteria

  1. The defendant: is charged with or has been convicted of a violent or sexual offence, or an offence punishable in the case of an adult with imprisonment for a term of 14 years or more; or

    Has a recent history of absconding while remanded to local authority accommodation; and

    Is charged with an imprisonable offence alleged or found to have been committed while he was remanded;
  2. The court is of the opinion that only remanding him/her to a remand centre or prison would be adequate to protect the public from serious harm.

Note: Both criteria must be satisfied.

Breach

When a young person is subject to a court imposed Bail Supervision package they will be subject to breach proceedings if they fail to comply with their requirements. If a failure to comply occurs this must be followed up by a telephone call or home visit within 24 hours. Where this fails to provide a response, a letter should be sent out. If there is no reasonable excuse a written warning must be issued and documented on the young person’s file. If a second failure to comply occurs breach proceedings must be initiated immediately.


Appendix B: Somerset Youth Offending Team

Click here to view Appendix B: Somerset Youth Offending Team.

End