Children Missing from Home and Care

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Children Missing from Home and Care

AMENDMENT

In February 2022, in Local Documents, the link was updated to Operating Procedures for Children and Young People who either Go Missing from Home or Go Missing from Care.

Introduction and Definitions
Specific Risks
Children Missing from Care and Care Leavers
Children who are Foreign Nationals and go Missing
Relevant Legislation and Statutory Guidance
Local Documents

1. Introduction and Definitions

Children running away and going missing from care, home and education is a central issue for Durham Safeguarding Children Partnership. Current research findings estimate that 25 per cent of children and young people, who go missing are likely to suffer significant harm. There are specific concerns about the links between children running away and the risks of criminal exploitation. Many looked after children (LAC) missing from their placements are vulnerable to sexual and other exploitation, especially children in residential care.

In Durham, there is an established procedure for of children missing from Home and Care. (See Local Documents).

Ofsted: Disclosure to Police

On 1 April 2013 regulations came into force requiring Ofsted to disclose details of the locations of children's homes to local police services to support the police in taking a strategic and operational approach to safeguarding children particularly in relation to criminal or sexual exploitation and trafficking.

It should be noted that disclosure of this information to police services does not happen automatically and police services will need to request to receive this information on an on-going basis.

This duty is in addition to the existing obligation for Ofsted to disclose this information to local authorities. A protocol published alongside the regulations sets out the responsibilities of the public authorities to use information about the location of children's homes only for the purposes for which it was disclosed; and to share it onward only where this is compatible with safeguarding children and promoting their wellbeing.

Department for Education: Joint protocol: children's homes - procedure for disclosing names and addresses (2013).

Healthcare Professionals

Healthcare professionals have a key role in identifying and reporting children who may be missing from care, home and school.

Missing children access a number of services provided by a range of health providers, for example:
Urgent Care Units;
Accident and Emergency Departments;
Genito-Urinary Medicine Clinics (GaUM);
Community Sexual Health Services; and
Pharmacy Services.

Health professionals should have an understanding of the vulnerabilities and risks associated with children that go missing. Staff working in health settings should be aware of their professional responsibilities and the responses undertaken by the multi-agency partnership. Risks include criminal and sexual exploitation, County Lines, trafficking and Modern Day Slavery, forced marriage and female genital mutilation. Radicalisation, also a risk factor for vulnerable young people, is managed via the national 'Prevent' strategy.

All health providers should provide a comprehensive service for Looked after Children (LAC). A Designated Nurse and Doctor for Looked after Children are located in each Integrated Care Board (ICB). They are statutory appointments and are responsible for the commissioning and delivery of appropriate healthcare, assessments and services. They should also ensure that all health staff within their locality know how to identify, report and respond to a child who is missing from care.

Homeless 16 / 17 year olds

When a 16 or 17 year old runs away or goes missing they are no less vulnerable than younger children and are equally at risk, particularly of criminal or sexual exploitation or involvement with County Lines.

When a 16 -17 year old presents as homeless, local authority children's services must assess their needs as for any other child. Where this assessment indicates that the young person is in need and requires accommodation under Section 20 of the Children Act 1989, they will usually become looked after.

The accommodation provided must be suitable, risk assessed and meet the full range of the young person's needs. The sustainability of the placement must be considered. Young people who have run away and are at risk of homelessness may be placed in supported accommodation, with the provision of specialist support. For example, a specialist service might be provided for those who have been sexually exploited, or at risk of criminal or sexual exploitation.

In Durham a Joint Protocol for Homeless 16 and 17 year olds has been implemented and professionals should follow this guidance. (See Local Documents).

Grooming

Grooming is when someone builds an emotional connection with a child to gain their trust for the purposes of sexual abuse or exploitation. Children and young people can be groomed online or in the real world, by a stranger or by someone they know - for example a family member, friend or professional. Groomers may be male or female. They could be any age. Many children and young people don't understand that they have been groomed, or that what has happened is abuse.

Children can be groomed for the purpose of sexual abuse as well as other forms of exploitation including involvement in criminal gangs, County Lines and extremist activity. Children who are missing are more vulnerable to being groomed and may also go missing as a result of being groomed.

Protecting Children at Risk of Radicalisation

Children and young people can suffer harm when exposed to extremist ideology. This harm can range from a child adopting or complying with extreme views which limit their social interaction and full engagement with their education, to children being groomed for involvement in violent attacks.

Children can by exposed to harmful, extremist ideology in the immediate or extended family, or relatives/family friends who live outside the family home but have influence over the child's life. Older children or young people might self-radicalise over the internet or through the influence of their peer network – in this instance their parents might not know about this or feel powerless to stop their child's radicalisation.

Going missing is a risk factor in relation to radicalisation:

A child may go missing because they have already been radicalised;
A child's risk of being radicalised might increase because they are missing and are spending time with people who may seek to involve them in radical/extreme activities. The risk is heightened whilst they are missing, because the protective factors of family or care are not available to them.

Professionals should always assess whether a child who has gone missing is at risk of radicalisation. See also Safeguarding Children and Young People Against Radicalisation and Violent Extremism Procedure.

Children at Risk of Criminal Exploitation

The sexual exploitation of children involves exploitative situations, contexts and relationships where the young person (or third person/s) receive 'something' (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing, and/or another or others performing on them, sexual activities. Violence, coercion and intimidation are common.

Involvement in exploitative relationships is characterised by the child's or young person's limited availability of choice as a result of their social, economic or emotional vulnerability.

A common feature of sexual exploitation is that the child or young person does not recognise the coercive nature of the relationship and does not see themselves as a victim of exploitation.

Going missing is a significant risk factor in relation to sexual exploitation as:

A child may go missing because they are being sexually exploited;
A child's risk of being sexually exploited might increase because they are missing and are spending time with people who may seek to involve them in sexual exploitation. The risk is heightened whilst they are missing because the protective factors of family or care are not available to them.

Because there is such a strong link between children going missing and risk of sexual exploitation, professionals should always assess whether a child who has gone missing is being sexually exploited or at risk of being sexually exploited.

Children and young people who go missing from care, home and education also need safeguarding against the risk of being drawn into offending behavior by criminal exploitation by individual gangs or criminal groups and peer groups.

3. Children Missing from Care and Care Leavers

In Durham, there is an established procedure for children missing from Home and Care (see Operating Procedures for Children and Young People who either Go Missing from Home or Go Missing from Care).

Care Leavers

From the age of 16 young people in care are referred to as care leavers, however, it is important to note that local authorities have very similar duties and responsibilities towards 16 and 17 year old care leavers as they do to children in care and for the purposes of this guidance, the response to a missing care leaver age 16 and 17 year old should be the same.

Local authorities continue to have a range of responsibilities towards children leaving care until the young person's 21st and in some instances their 25th birthday. It is good practice to follow the guidance set out below whilst a young person remains 'leaving care'.

Care leavers, particularly 16 and 17 year olds, are vulnerable to criminal or sexual exploitation and may go missing from their home or accommodation. Local authorities must ensure that care leavers live in "suitable accommodation" as defined in Section 23B (10) of the Children Act 1989 and Regulations 9(2) of the Care Leavers Regulations, The Care Leavers (England) Regulations 2010.

In particular young people should feel safe in their accommodation and the areas where it is located. Local authorities should ensure that pathway plans set out where a young person may be vulnerable to exploitation, County Lines, trafficking or going missing, and put in place support services to minimise this risk.

4. Children who are Foreign Nationals and go Missing

Definitions

This section applies to children who are 'subject to restriction', i.e. who have:

Proceeded through immigration control without obtaining leave to enter;
Left the border control area Border Force accommodation without permission;
Been granted temporary admission;
Been granted temporary release or bail;
Released on a restriction order;
Served with a 'notice of liability to deport' or is the dependant of a foreign national offender whose status in the UK is under consideration by criminal casework – these dependants could be British Citizens or have extant leave.

Action and Responsibilities when the whereabouts of a Child 'subject to restrictions' is not known

A missing person's referral must be made by Home Office staff to the police, the UK Missing Person Bureau and the local authority children's social care in a number of circumstances including:

When a child 'subject to restriction' is identified as having run away from their parents;
Where they are looked after and have gone missing from their placement;
Where they are being hidden by their parents and where there is concern for the child's safety because they are being hidden by, or have gone missing with, their family.

A copy of the missing persons notification form must be faxed or emailed to the local authority duty desk and the UK MPB.

If it is believed by Home Office staff that a child is being coerced to abscond or go missing, this must be reported as a concern that the child has suffered or is likely to suffer significant harm to the local police and children's social care services.

Notifications will also be made where a missing child is found by Home Office staff. See Home Office Guidance: Missing Children and Vulnerable Adults Guidance.

The local authority and health are responsible for:

Reporting any missing child who is in their care to the police;
Notifying the Home Office when a child is reported missing to the police or is found.

The police are responsible for:

Investigating all children reported missing by the Home Office - following receipt of a missing person's notification;
Conducting joint investigations with the Home Office where necessary;
Circulating a missing child on the Police National Computer (PNC).

The local authority will also notify the Home Office Evidence and Enquiry Unit when a child in their care goes missing or when a missing child returns or is found. The Home Office must maintain regular weekly contact with the local authority and the police until the child is found and record all contact with the police and local authority.

Action when the Child 'subject to restriction' is found

Found by Home Office Staff

The local police and local authority must be informed immediately.

In consultation with the local police and local authority children's social care, a decision will be made as to where the child is to be taken, if they are not to be left at the address where they are encountered. The Home Office must follow up enquires with the local police and children/adult services in order to identify if there are any safeguarding issues.

Found by the police or local authority

The Home Office Command and Control Unit[1] will be the single point of contact for the local police and the Evidence and Enquiry Unit Evidence and Enquiry Unit [2] will be the single point of contact for local authorities to notify the Home Office that a child has been found.

[1] CommandandControlUnit@homeoffice.gov.uk
[2] Home Office UK Border Agency, Evidence and Enquiry Unit, 12th Floor Lunar House, 40 Wellesley Road, London, CR9 2BY.