Safeguarding children and young people
The YJB is committed to doing all it can to ensure that children involved in the youth justice system are kept safe, and that their welfare is promoted.
Working Together to Safeguard Children [opens in new window], published by the DCSF, was updated in 2010. It will enable practitioners to co-operate with, and participate in, the inter-agency partnership work that will enable these objectives to be realised. The guidance is addressed to all practitioners and managers who have particular responsibilities for safeguarding and promoting the welfare of children, and to senior and operational managers in organisations that are responsible for commissioning or providing services to children, young people, parents and carers.
For further information on the specific provisions that have been made to safeguard children and young people in the secure estate, go to our Safeguarding in Custody page.
You should also click to view information on managing risk and dealing with serious incidents.
Roles and responsibilities
Chapter 2 of the revised Working Together to Safeguard Children explains the roles and responsibilities of the various bodies and agencies involved in safeguarding children, including the different types of secure facility and youth offending teams (YOTs).
The secure estate for children and young people
The YJB has a statutory responsibility for the commissioning and purchasing of all secure accommodation for children and young people who are sentenced or remanded by the courts. It does not deliver services directly to young people but is responsible for setting standards for the delivery of those services.
There are three types of secure accommodation in which a young person can be placed, which together make up the secure estate for children and young people:
- Young offender institutions (YOIs) – YOIs are facilities run by both the Prison Service and the private sector and accommodate 15 to 17-year-olds. Young people serving Detention and Training Orders can be accommodated beyond the age of 17 subject to child protection considerations. The majority of YOIs accommodate male young people, although there are four dedicated female units.
- Secure training centres (STCs) – STCs are purpose-built centres for young offenders up to the age of 17. STCs can accommodate both male and female young people who are held separately. They are run by private operators under contracts, which set out detailed operational requirements. There are four STCs in England.
- Secure children’s homes – Most secure children’s homes are run by local authority children’s social care. They can also be run by private or voluntary organisations. They accommodate children and young people who are placed there on a secure welfare order for the protection of themselves or others, and for those placed under criminal justice legislation. Secure children’s homes are generally used to accommodate young offenders aged 12 to 14, girls up to the age of 16, and 15 to 16 year old boys who are assessed as vulnerable.
All these establishments have a duty to effectively safeguard and promote the welfare of children and young people, which should include:
- protection from harm from self
- protection from harm from adults
- protection from harm from peers.
All members of staff working in secure establishments have a duty to promote the welfare of children and young people and ensure that they are safeguarded effectively. In addition, governors, directors and senior managers have a duty to ensure that appropriate procedures are in place to enable them to fulfil their safeguarding responsibilities. These procedures should include, but not be limited to, arrangements to respond to:
- child protection allegations
- incidents of self-harm and suicide
- incidents of violence and bullying.
All staff working within secure establishments should understand their individual safeguarding responsibilities and should receive appropriate training to enable them to fulfil these duties. Appropriate recruitment and selection processes should be in place to ensure staff’s suitability to work with children and young people.
These procedures should cover any adult working within the establishment, whether or not they are directly employed by the governor/director.
Youth offending teams (YOTs)
Paragraph 2.115 sets out the roles and responsibilities of YOTs and reiterates the need to ensure that their functions are carried out appropriately, with regard to the need to the safeguarding of children.
Local safeguarding children boards (LSCBs)
Chapter 3 explains the arrangements for the new LSCBs, which are the successors of area child protection committees but have a stronger statutory basis and clearer purpose. LSCBs have been in place nationally since 1 April 2006.
Functions of LSCBs, which are underpinned by the Local Safeguarding Children Boards Regulations 2006, are set out in paragraphs 3.17–3.45 and include:
- developing policies and procedures for safeguarding and promoting welfare
- communicating and raising awareness
- monitoring and evaluation
- participating in planning and commissioning services
- collecting and analysing information in relation to child deaths
- conducting serious case reviews.
LSCBs - membership
Paragraphs 3.54–3.65 set out requirements for memberships of LSCBs. Paragraph 3.58 identifies the YOT, governors or directors of STCs, and governors or directors of any prison which ordinarily detains children, as statutory members.
Members need to be people who can (paragraph 3.55):
- speak for their organisation with authority
- commit their organisation on policy and practice matters
- hold their organisation to account.
LSCBs - funding and staffing
Paragraph 3.74–3.81 set out funding and staffing arrangements for LSCBs. Note that all partner agencies may make contributions towards LSCB costs but they are not required to do so. Paragraph 3.77 explains that the core contributions should be provided by local authorities, primary care trusts and the police. Other agencies may choose to contribute resources in kind rather than make a direct funding contribution.
LSCBs - Managing individual cases
Chapter 5 describes the arrangements for managing individual cases. YOTs and secure facilities staff need to be aware of these processes and their contribution to them.
Child death review processes and serious case reviews
Chapters 7 and 8 explains the arrangements for what should happen if there is a death of a child (for natural or other reasons) and provides guidance on the processes relating to serious case reviews. It includes explicit reference to deaths that occur in secure accommodation, with an emphasis on the importance of a serious case review to learn lessons. Note that local reviews do not seek to establish how a child died or who is culpable – these remain matters for coroners and criminal courts respectively.
Children who may be particularly vulnerable
Chapter 11 provides non-statutory guidance on children who may be particularly vulnerable. Paragraph 11.2 deals with children living away from home, including those in custody. Paragraphs 11.33–11.40 deal with abuse by children and young people, as well as bullying.