Case Management Guidance on Case Responsibility, Youth Justice Board, October 2022
This guidance replaces the 2018 National Protocol for Case Responsibility. It provides guidance to Youth Justice Services (YJSs) working with children who have committed offences outside of their usual home area and details the responsibilities of the ‘host’ and ‘home’ YJS pre-court, at court and following sentencing.
Details
When a child moves to another area, key considerations include:
- prioritising the child's welfare,
- public protection, involving children and parents in decision-making,
- maintaining support during moves and staff changes,
- providing justice services, and
- ensuring good communication.
A home YJS is the YJS in the local authority where the child usually lives, while a host YJS provides services to children temporarily in their area. The designated local authority, usually the home YJS, is decided by the court. Caretaking involves temporary management by a host YJS, with the home YJS retaining overall responsibility. Transfer occurs when a child permanently moves, making the new area the home YJS.
Arrangements following detention or arrest
The host YJS must provide appropriate adult services for children arrested outside their home area and keep the home YJS informed. The police must request a transfer to local authority care if a child is not released on bail, placing the child in non-secure accommodation unless exceptional circumstances apply. The police should notify the home YJS of the child's arrest within 24 hours, and disposal decisions should involve both the arresting and home areas.
A home YJS should share relevant information with the host YJS regarding out-of-area arrests and court proceedings. When a child is given bail out-of-area, the host YJS must contact the home YJS to check proposed bail addresses. The home area should continue support for short bail periods for consistency.
For children remanded to local authority accommodation out-of-area, the host area informs the home area to arrange accommodation and agree on support during the remand period. For children remanded to youth detention accommodation, the home YJS completes placement documents, provides services and pays remand costs.
Involvement in sentencing
The home YJS usually writes pre-sentence reports for looked-after children, but the host YJS may contribute if they have more up-to-date information. The host YJS typically implements the Referral Order, with the home YJS contributing to reports and assessments.
If a child is arrested in Scotland or Northern Ireland, the local court has jurisdiction. However, referring the case back to the home area is preferable for the interests of justice. If a child subject to an order moves jurisdictions within the UK, the court may need to provide an alternative sentence if the order cannot be transferred.
Disagreements and serious incidents
Disagreements about care responsibility should be resolved quickly to maintain consistent services, escalating to higher authorities within the YJS and local government if necessary. Serious incident notifications are completed by the area most recently working with the child.
Commentary
This guidance provides greater clarity about how arrangements for out-of-area children are shared between the home YJS and the host YJS. It is a useful resource for practioners who may liaise with the YJS about and make submissions to the court on bail, accommodation and sentencing.