Implementation of the Children and Young People Act 2008 - Visits to Former Looked After Children in Detention

The purpose of the visit is to provide advice, support and assistance; to assess the child's need for services; and to plan for their release.  The Regulations are being made under section 15 of the Children and Young Persons Act 2008 which amends section 23 of the Children Act 1989.

Section 20 of the Children Act 1989 requires local authorities to provide accommodation for children in need in their area.  Under these arrangements children can become "looked after" by the local authority in which they normally live.  

This "looked after" status ceases when children become accommodated within the secure
estate after being remanded to custody or given a custodial sentence.  

Children may have been looked after for a considerable time prior to being sentenced.  They may not therefore be able to return to the care of a stable family.  The loss of "looked after" status means children will not be automatically entitled to continuing services on release.  As a result this group may be very vulnerable to homelessness and at risk of re-offending.

Under these proposals, children who lose the "looked after" protection can be provided with appropriate support from the local authority formerly responsible for their care.  Depending on the needs of the individual , this may involve them becoming "looked after" again on release from custody.