Remands to States of Guernsey Accommodation (including Secure Accommodation)

The States of Guernsey Committee for Health and Social Care will be the designated authority for Guernsey’s Children in Care and young people.  The designation must be to the ‘home’ authority, regardless of where the young person is living or where the offence took place.  If a young person visiting Guernsey is charged with an offence, the Youth Justice Service in Guernsey will notify their home local authority and arrangements will be made for the young person to be transferred back to that authority.

Children and young people in custody can be particularly vulnerable. When a child or young person is remanded, the social worker should request a copy of the complaints procedure for the establishment. Social workers should then familiarise themselves with the complaints process and check that the child has been provided with information about, and understands, the complaints process and also about their entitlement to advocacy.

Young people who are remanded should also be provided with information which is routinely given to all children who become looked after. This could include for example:

• Contact details for their Social Worker, Independent Reviewing Officer and sources of support (including out of hours);
• Information on the local Children’s Rights / Advocacy Service / Independent Visitors for Children in Care.
• Children’s guide for secure accommodation.

If a remanded child complains to their social worker about any aspect of their care while remanded, this should be recorded on the child’s electronic record and reported to a manager and the child’s IRO. The most appropriate response will vary depending on the nature of the complaint, and the type of accommodation the young person is remanded to, but could include a referral to Children’s Social Care and possible Child Protection Investigation if the complaint concerns actual or likely Significant Harm.

If the complaint concerns an allegation against staff, the Multi-Agency Safeguarding Children Procedures, Allegations Against Staff or Volunteers Procedure should be followed. Complaints in relation to services provided by HSC should be dealt with under the Complaints and Representations Procedure.

Where there are concerns that the young person is not being safeguarded or their welfare promoted (for example, there are concerns relating to the quality of care the young person is receiving, the suitability of the type of placement or issues around bullying, self harm, violence or intimidation), in the first instance it may be possible to resolve the concerns by agreement with the establishment itself.

Where issues cannot be resolved at establishment level, and if the responsible authority is of the view that the young person needs to be moved to another establishment, see Section 2.3, How to Request a Transfer or Placement Review.

The Youth Justice Service (and or Probation Service if involved) has responsibility for placement transfer or review if:

• The young person’s circumstances change;
• There is a risk or issue with their current placement.

To request a transfer, the Youth Justice or Probation Service should convene a multi-disciplinary meeting to establish how risk can be managed or reduced. Leave of the court will then be required to move the young person to an alternative placement.

This means any accommodation provided by or on behalf of the Committee for Health and Social Care.

A court remanding a child to HSC accommodation (i.e. residential or foster care) may, after consultation with HSC impose on the authority requirements for securing compliance with any conditions (see Section 3.3, Conditions) 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 HSC to decide where the child resides.

The court will ask the Youth Justice officers in court which is the designated local authority for the child or young person (in the majority of cases this will be HSC). The designated local authority will be responsible for identifying a suitable placement.  If the child is from outside the Bailiwick of Guernsey, the relevant local authority will be contacted.

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.

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.

• Where a child is Looked After only by reason of being remanded to local authority accommodation, the Care Plan must be prepared within 5 working days of the child being remanded;
• The Care Plan does not need to include the plan for permanence/long-term plan for the child’s upbringing, unless it is considered that the child needs to remain looked after once the period of remand has ceased. However, consideration must be given to what longer term support or accommodation the child will need following the remand episode.

Otherwise, the care planning arrangements are the same as for all other Children in Care – see Decision to Bring a Child into Care Procedure.

6.2.1 Where the child was Looked After immediately before being remanded:

• A Detention Placement Plan must be prepared based upon the assessment that has informed the current LAC / Pathway Plan
• A copy of the LAC / Pathway Plan must also be given to the Governor, or Manager of the detention accommodation;
• The Comprehensive Health Assessment Tool (CHAT) must be completed within timescales as set out in the Haven Secure Unit Procedures.

6.2.2 Where the child was not Looked After immediately before being remanded:

A Detention Placement Plan must be prepared instead of a LAC Plan / Placement Plan, within 10 working days of the remand. This will require an assessment of ‘sufficient quality’ to ensure identification of the child’s needs and how the youth detention establishment will respond to them on a day-day basis;

The Comprehensive Health Assessment Tool (CHAT) must be completed within timescales as set out in the Haven Secure Unit Procedures;

Visits should take place in accordance with the Social Worker Visits to Children in Care Procedure. It is also good practice for the Social Worker to attend the child’s remand planning meetings.

In relation to Looked After Reviews Procedure, HSC does not have to consider whether they should seek any change in the child’s legal status, whether there is a plan for permanence for the child, or whether the placement continues to be the most appropriate available and whether any change to the placement agreement is likely to become necessary before the next review (see also Children in Care and Young People in Contact with the Youth Justice Service Procedure);

The provisions as to avoidance of disruption in education, placements out of area and termination of placements do not apply.