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] was published by the DfES in April 2006 and 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.
It replaces the previous version of this guidance published in 1999 and reflects development in legislation policy and practice since then, in particular those arising from the Every Child Matters Green Paper, and the subsequent Children Act (2004). Roles and responsibilities for YOTs and the secure estate are set out more clearly than in the previous version, with Part 1 being statutory and Part 2 for advice only. The information that follows highlights sections of particular relevance to youth justice practitioners, helping them to navigate the document.
Note that this guidance applies to England only. Wales currently works to an earlier, Welsh-specific version of Working Together to Safeguard Children, but a new Welsh version, in line with the Children Act 2004, will be published soon.
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 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 YOTs.
Young offender institutions (YOIs)
Paragraph 2.113 sets out the responsibilities of YOIs that accommodate children. These responsibilities are in line with PSO4950 and reiterate the need for:
- a senior member of staff responsible for all safeguarding activity
- child protection and safeguarding policies to be agreed with the relevant Local Safeguarding Children Board (LSCB)
- strategies for dealing with suicide, self-harm, and bullying
- complaints procedures, complemented by an advocacy services
- staff training
- partnership working
- initial assessment
- education training and personal development
- involvement of the child/young person and their family in planning processes.
Secure training centres (STCs)
Paragraph 2.114 describes the parallel responsibilities for secure training centres. Each STC must protect and promote the welfare of children in its custody, and safeguarding policies must be established in consultation with the relevant local LSCB.
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.
Membership
Paragraphs 3.54–3.65 set out requirements for memberships of LSCBs. Paragraph 3.58 identifies theYOT, 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.
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.
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.