Chapter CC: Joint Protocol for Safeguarding Children and Young People who Go Missing from Home and Care in Peterborough |
Contents
1. Purpose
This protocol is important for the safeguarding of children and families in Peterborough, or those using services in the city. Its purpose is to provide guidance and a framework for practitioners and managers across all services who come across or work with children/young people who are missing from home or care.
This protocol was drafted following the government's statutory guidance, published in July 2009, which is designed to support local authorities in meeting the requirements of National Indicator 71 - Missing from Home and Care.
Peterborough Safeguarding Children Board endorsed this protocol on 26 May 2011 and expects all agencies working with children/young people who run away or go missing from home or care to implement this protocol and ensure that all relevant staff are aware of it and how to use it.
2. Principles
Any missing episode is potentially serious, one child/young person who runs away is one too many. Therefore prevention work relating to children who run away or go missing is of paramount importance, as is early intervention work when a child/young person goes missing. This requires an integrated multi agency approach to vulnerable children and young people. Existing prevention strategies will need to include the prevention of children who run away or go missing from home and care and should include:
- Awareness and training for all professionals, including risks linked with sexual exploitation;
- Multi agency assessment procedures, including CAF, should include the risk indicators for running away;
- Care plans to take account of any known risks and vulnerabilities linked to running away;
- Consistent implementation of this protocol across all agencies;
- Monitoring, reporting and analysis of missing from home incidents;
- Support to parents via the parenting support services;
- Effective partnership working and information sharing.
3. Introduction
Going missing or running away can be symptomatic of wider problems in a child/young person's life, but whatever the reason, one thing is clear: children/young people who go missing or decide to run away are unhappy, vulnerable and in danger.
As well as the short term risks of Significant Harm there are also long term implications. Nearly half of sentenced prisoners report as having run away as children/young people and nearly half of homeless young people at Centrepoint ran away as children (Young Runaways 2002).
The immediate risks associated with going missing include:
- No means of support or legitimate income- leading to high risk activities;
- Involvement in criminal activities;
- Victim of abuse;
- Victim of crime, for example through sexual assault and exploitation;
- Alcohol/substance misuse;
- Deterioration of physical and mental health;
- Missing out on schooling and education;
- Increased vulnerability.
Longer-term risks include:
- Long -term drug dependency/alcohol dependency;
- Crime;
- Homelessness;
- Disengagement from education;
- Child sexual exploitation;
- Poor physical and/or mental health.
4. Scope
The primary focus of this protocol is children and young people who are reported to the Police as missing. This protocol is designed for:
- All children/young people under 18 who go missing from their family home;
- Children/young people in the care of Peterborough City Council placed in local authority children's homes within the authority's boundaries;
- Children/young people in the care of Peterborough City Council placed with foster carers within the authority's boundaries;
- Children/young people in the care of Peterborough City Council placed in private establishments or with agency foster carers within the local authority boundaries and where compliance with the protocol is specified in the contract or placement agreement;
- Children/young people in the care of other local authorities who are placed in Peterborough;
- This protocol will also apply to children/young people who have disabilities which limit their independence up to age 24 years.
5. Definitions
The reasons why children/young people run away or go missing from home or care are varied and complex, so it is important to define what is meant by ‘missing from home or care’ and ‘young runaways’.
- Missing tends to refer to children and young people reported as missing to the Police. The term can also cover younger children away from home for a short time and looked after children who return late to their placement. According to the Association of Chief Police Officers’: “a missing person is anyone whose whereabouts are unknown, whatever the circumstances of disappearance. He or she will be considered missing until located and his or her well being, or otherwise, established”;
- Running away includes young people who leave home, run away from care, who are forced to leave home or who would see themselves as staying away from home without permission;
- An "Absconder" is a child/young person who is absent from their placement without permission and who is subject to an order or requirement resulting from the criminal justice process such as curfews, tagging etc or a secure order made in either civil or criminal proceedings.
NB "Unauthorised Absence" is included in the protocol, where the absence is for a short period of time and after a thorough risk assessment the absence does not raise concern for their immediate safety or that of the public. Young people in this situation would not usually be classed as ‘missing’.
This guidance links closely to a number of other key areas and associated protocols and policies which are relevant to children and young people missing from, or at risk of going missing from home and care, but it does not specifically cover:
- Child Abduction, however where a child/young person has been abducted or forcibly removed from their place of residence a report should be made to the police straight away;
- Forced Marriage;
- Children who are missing education - there is a specific policy and guidance relating to Children Missing Education, including details of the role of the local authority in identifying and addressing children missing from home or care (copy attached at Appendix 4: Missing from Care Process Flowchart);
- Unaccompanied Asylum Seeking Children (covered by the East of England Unaccompanied Asylum Seeking Children Safeguarding Protocol which includes sub protocols around trafficked children and UASC who go missing from care);
- Grooming for potential Sexual Exploitation and Child Trafficking. There are well-established links between young people who go missing and the risks of sexual exploitation, as highlighted by the Derby Serious Case Review 2010.
Separate guidance has been produced and is included in the bibliography.
6. Legal Framework
Details of the full legal framework around children missing from home and care is included at Appendix 1: The Legal Framework. Key elements include:
- Young people under the age of 16 have no legal right to claim benefits and live independently of adults with parental responsibility;
- Anyone who ‘takes or detains’ a child under 16 without lawful authority may be prosecuted under the Child Abduction Act 1984;
- Where a child/young person under 16 (or 18 if disabled) stays with a person (other than someone with parental responsibility or a close relative) for more than 28 days, this constitutes a private fostering arrangement and the local authority must be informed;
- Anyone who unlawfully removes, keeps away or assists a child to run away or stay away from their care placement may be liable to prosecution under the Children Act 1989;
- Young people aged 16/17 are able to claim benefits and work but by law are unable to live independently without their parents’ consent. Legal and practice issues for young people of this age are likely to overlap with youth homelessness. Under the Southwark ruling 2009, all 16-17 year olds who present as hungry and homeless must be assessed as Children in Need by Children’s Social Care under the Children Act 1989.
7. Monitoring
Monitoring of the implementation of this protocol across all relevant agencies will be the responsibility of the multi-agency Children Missing from Home and Care Overview Group, which will report into the Quality Assurance sub group of the Peterborough Safeguarding Children Board.
Data about children missing from their care placement will need to be available to Ofsted during an inspection or on request.
8. Children / Young People who Run Away and Go Missing From Home
Please see Appendix 3: Missing from Home Process Flowchart for flowchart of actions/responsibilities if a child/young person is missing from home.
Every individual has a duty to inform the authorities if a child/young person is missing.
Parents and Carers
Parents and anyone who has care for a child/young person (e.g. friend, child minder) are expected to undertake basic measures to try and locate their child if considered safe to do so:
- Search bedroom / house / outbuildings / vehicles;
- Contact known friends and relatives where child/ young person may be;
- Visit locations that the child is known to frequent if safe to do so.
Parents and anyone who has care of a child /young person (such as friend, child minder etc) should take all reasonable steps to locate the child/young person and ascertain their safety. It would be considered a reasonable step for parents to inform the police that their child is missing.
Anyone who has care of a child/young person without parental knowledge or agreement has a duty to safeguard and promote the child’s/young person’s welfare, so they should inform the police if they are aware the child/young person is missing/has run away.
NB Please see Section 6, Legal Framework for a summary of legal framework, and full details in Appendix 1: The Legal Framework for information on the Child Abduction Act 1984 and duties under the Children Act 1989.
It is important to remember that children/young people under the age of 16 are not legally able to live independently away from home. For young people over the age of 16, consideration should be given to their physical and emotional needs and the potential risk of harm when making a judgement as to whether they can live independently away from home. All young people over the age of 16+ should be reported as missing if their whereabouts are not known and they have been missing from placement whether this is care or semi-independent accommodation.
Peterborough’s Protocol for the Assessment of Homeless 16/17 Year Olds sets out the responsibilities of agencies including Housing Options and of Children’s Social Care where a 16/17 year old presents as homeless.
All Agencies / Members of the Public
If it comes to the attention of any agency (including voluntary organisations) that a young person has run away or is missing from home, they must advise the parent/carer of the organisation’s duty to ensure that the matter is reported to the police, who will ensure procedures are activated, and if necessary follow this up by contacting the police to verify the reporting by the parent / carer has occurred.
8.1 Contacting the Police
If a child/ young person is not found, a report should be made immediately to the Police by dialling 0345 4564564 and asking for the call centre. In an emergency situation, dial 999.
On contacting the Police, you will be asked a number of questions which will help the Police form a risk assessment:
- Child/young person's name and date of birth;
- Where missing from, time went missing and who might be with child /young person;
- Time and location last seen and circumstances of going missing;
- Situation immediately prior to the young person going missing;
- What was child/young person wearing?
- Description with recent photo (The consent of a person with parental responsibility will be sought for a photograph to be used in any subsequent missing person investigation);
- Medical history with details of GP and dentist;
- Details of family addresses;
- Details of friends and associates;
- Details of circumstances/vulnerability factors which increase risk to the young person (e.g. disability, mental health issues, subject to bullying, engagement in ‘risky behaviour’);
- Do they know who they could go to to ask for help?
8.2 Initial Action by the Police
The police will conduct a risk assessment by gathering information from family and other agencies as appropriate. See flowchart at Appendix 2: Flowchart of Key Questions for Information Sharing of key questions for information sharing. This risk assessment will form the basis for the resulting proportionate actions.
The Police will inform the Child Abuse Investigation Unit (CAIU) and request notification to the Single Point of Contact and Children’s Social Care.
If the child / young person is found by family or friends it is their responsibility to return them to the home address. Parents/carers must inform the police when they return of their own accord.
Where there is a risk the police may go with the family or the police may be asked to collect the child/young person to the home address only if it is safe to do so.
8.3 Planning for Locating and/or Return of a Child/Young Person
The police will conduct a "Safe and Well" check in order to ensure their well being and safety and to establish if they were a victim of crime or abuse whilst missing.
Once a child/young person is found, the Police will inform the Child Abuse Investigation Unit (CAIU) and request notification to the Single Point of Contact and Children’s Social Care.
If the police have any safeguarding concerns they will refer the child/young person to the Referral and Assessment Team.
A referral should be based upon an evaluation of whether the child/young person is likely to run away from home in the future and will take into account:
- Individual circumstances, including family circumstances in which the child/young person has gone missing such as whether the parents are unable or unwilling to work to support or meet the needs of the child;
- Motivation for running;
- Whether the child/young person has, or is likely to suffer significant harm;
- Possible destination; and
- Recent pattern of running (if any).
8.4 Emergency Accommodation
Where the Police have concerns that the child/young person may be at risk if returned home, during working hours they will notify their concerns to Children’s Social Care.
If it is outside of office hours, the Police will contact the Emergency Duty Team who will assess the child’s needs and make appropriate arrangements for accommodation.
Where a young person is aged 16/17, access to emergency accommodation will be in accordance with the Protocol for Homeless 16/17 year olds.
8.5 Return to Home Interview
Research tells us that the more securely attached a child/young person is to their parents or carers the less likely they are to run away or go missing from their home. These attachments form over a period of time where the child/young person feels wanted, valued and cared for. The messages given when a child/young person returns to home is therefore crucial in helping to work with them to try to prevent any repeat episodes. Based on research with children/young people, questions about where they have been and what they were doing are best left till later, Showing genuine concern for their safety and offering food and drink are very basic but powerful messages that we care and a positive way of welcoming the child/young person back home.
Parenting Support can be a source of support to parents at this time.
An independent person (Connexions Personal Adviser) from Peterborough City Council’s 8-19 Service will carry out a return interview within 72 hours of the child/young person being located or returning from an absence. Please see Appendix 3: Missing from Home Process Flowchart for return to home interviews and resulting assessment/follow up support processes.
The assessment interview and actions will:
- Identify and deal with any harm suffered;
- Understand and try to address the reasons for the running episode;
- Try to prevent a repeat.
The Connexions Personal Adviser will be responsible for ensuring any follow up actions identified through the interview take place. Actions may include:
- Contacting the Lead Professional (if one is already identified) regarding any follow up support needed;
- Undertaking a CAF if appropriate;
- Arranging appropriate referrals for specific services.
Where a child/young person refuses to see a personal adviser for a return interview, the Adviser will explain their role and encourage them to contact the service in the future if they want any support.
When child/young person who was not reported to the police as missing is located it may be necessary to see if there are any continuing safeguarding concerns or whether the family should be offered family support services.
9. Children who are at Risk of Significant Harm or Subject to a Child Protection Plan
Any person who receives information about an unborn child or child/young person who is already known to Children’s Social Care or is subject to a Child Protection Plan and who has run away or gone missing must pass the details immediately to the Lead Social Worker in Children's Social Care. They will take responsibility for alerting the appropriate agencies and other Register Custodians, initially by telephone and confirmed in writing as soon as possible.
The Lead Social Workers should make local enquiries of the following as soon as possible:
- Designated Nurse for Safeguarding and other Health professionals including GP;
- Attendance Service (for school age children/young people);
- Children’s Centre (for preschool children);
- Registered Social Landlord (if appropriate);
- Police Missing from Home Officer or Officer from the Child Abuse Investigations Unit.
If these Enquiries Prove Unsuccessful
- The local Department for Work and Pensions should be asked to search local and national records;
- The Child Benefit Agency on 0845 302 1444 for any information;
- The Lead Social Worker must ensure that all information resulting from these enquiries is collated.
Where the risk of immediate Significant Harm to the missing child/young person is considered by the Core Group to be high, the Lead Social Worker should arrange an urgent Child Protection Review Conference to consider strategies for tracing the child. The review will also determine what further action should be taken to ensure the safety of the child/young person and family.
Further information is available in Practice Guidance - Children who go Missing where there is a Child Protection Plan or outstanding Child Protection Concerns.
10. Children/Young People who Run Away and Go Missing from Local Authority Care
Please refer back to Scope and Definitions.
Please see flowchart of actions for children/young people missing from care at Appendix 4: Missing from Care Process Flowchart.
The Local Authority's approach to managing missing from care episodes is a key element of the authority's wider strategy to ensure that it is a responsible corporate parent and enables all the children that it looks after to achieve the best possible outcomes.
10.1 Preventative Approaches
Any previous history of a child/young person going missing and any known risks or vulnerabilities linked to running away should be included during initial assessment and should be addressed during care planning.
Relevant information should be shared with carers and included in the Placement Plan. Carers should be requested to obtain an up to date photograph of the child/young person once they move in, as the police will need this if they go missing.
Children/young people who regularly go out/stay out without permission should be subject to a local multi-agency professionals meeting to agree an individual plan of action.
10.2 Definition of Missing from Care
A child/young person is to be considered missing if their location or reason for absence is unknown and/or there is concern for the child/young person because of their vulnerability, or there is a potential danger to the public.
10.3 Absconders
An absconder is a young person who is absent from their placement without permission and who is subject to an order or requirement resulting from the criminal justice process (e.g. remands, curfews, tagging, conditions of residence, other bail conditions, Police and Criminal Evidence (PACE) detention or Anti Social Behaviour Orders (ASBO), or a secure order made in either civil or criminal proceedings.
A young person in this category who goes missing/runs away must be reported to the police without delay, and they will deal with the matter using the appropriate powers under the relevant legislation. In all cases the child/young person’s absence will be reported as a child missing from home/care regardless of their criminal status as the primary concern is for their welfare and the safety of others.
10.4 Unauthorised Absence
Children/young people may absent themselves for a short period and then return, or may stay out longer than agreed, either on purpose to test boundaries or accidentally. This kind of boundary testing is normal for teenagers and does not come within the definition of missing as used within this protocol, unless there are any known risks or grounds for concern.
Examples of situations where unauthorised absence will apply are:
- Short absence following an argument or dispute;
- Failing to return on time;
- Staying at a known location or with someone else and there are no other reasons for concern;
- They are communicating regularly with carers and there are no other reasons for concern.
If the child/young person does not return at the expected time, the foster carer/residential worker must take reasonable steps to contact the child/young person, to ascertain their whereabouts and safety, and encourage them to return as quickly and safely as possible.
Foster carers are advised to seek advice from the fostering team, or Emergency Duty Team if a child/young person’s whereabouts are not known or they are not responding to calls. Any unauthorised absence must be kept under regular review and the child’s social worker (or Emergency Duty Team if out of hours) must be informed if there are any causes for concern.
In many cases, a child/young person should be reported as missing sooner than 4 - 6 hours, depending on a number of factors (e.g. the age/maturity of the child/young person, the time of day/night, any medication needed, any previous history of going missing and whether there is a risk of harm).
After 4 hours, if there is reason to believe a risk has materialised, or the child has not returned, been communicated with or seen, serious consideration must be given to reporting them as missing to the police.
After a maximum of 6 hours of not having returned, been communicated with or seen, a child/young person should be reported to the police as missing (see Section 10.5, Reporting Procedures).
Escalation Procedures
Where an unauthorised absence lasts for 6 hours or more but the child/young person has been seen/spoken to and there is no assessed risk of harm, the situation must be regularly reviewed and the relevant Team and Service Manager within Children’s Social Care informed.
Any unauthorised absence lasting up to 5 days must trigger a Strategy Meeting with all relevant agencies and staff, the outcome of which must be reported to the Assistant Director responsible for Children’s Social Care and Director of Children’s Services by way of a "Need to Know".
The Strategy Meeting must address:
- Last known whereabouts;
- Any intelligence relevant to the child/young person, their family friends or any other significant relationships;
- Plan of action and by whom;
- Media strategy where appropriate;
- Follow up Strategy Meeting no more than 5 working days apart;
- Plan of action upon the return of the child in relation to contacting all parties, how and who will receive the child, who will conduct the return interview;
- The return interview should trigger a final Strategy Meeting to consider the case, the risk factors and issues and a plan to prevent any further absconding behaviour.
10.5 Reporting Procedures
Within Foster Care:
Foster carers should follow the guidance in Section 8, Children / Young People who Run Away and Go Missing From Home, Parents and Carers of this protocol and undertake basic measures to try and locate the child/young person if considered safe to do so:
- Search bedroom / house / outbuildings / vehicles;
- Contact known friends and relatives (if appropriate) where child/ young person may be;
- Visit locations that the child is known to frequent if safe to do so.
If a child/ young person is not found, the foster carer should inform the Police immediately by dialling 0345 4564564 and asking for the call centre. In an emergency situation, dial 999. Information needed by the Police is detailed in paragraph 8.1.
The foster carer should also without delay inform the duty worker in the fostering team (or Emergency Duty Team if out of hours). They should also inform the school/college where appropriate.
The foster carer must record all unauthorised absences and missing from care episodes in their blue book.
Within Residential Homes:
Staff in a residential home should follow the guidance in Section 8, Children / Young People who Run Away and Go Missing From Home, Parents and Carers and undertake basic measures to try and locate the child/young person if considered safe to do so.
If a child/young person is not found, staff from the home should immediately inform:
- The Police;
- The senior manager on duty;
- The child/young person’s social worker/duty work or (if out of hours) the Emergency Duty Team.
They should also inform the school/college where appropriate.
A decision will be made with the young person’s social worker as to when and how the parents will be informed.
If a child/young person goes missing during an external activity outside the city, the above procedures should be followed but it will also be necessary to inform the local police force.
In the case of an asylum-seeking child, the social worker is required to notify UK Borders Agency 0121 700 1632 (Asylum) or in the case of immigration concerns, the local Immigration Service (St Ives) 01480 499300.
Children’s homes must maintain a distinct log that keeps a full record of all unauthorised absences and missing from care episodes. Residential staff should make a note in the home’s log of all steps taken to ascertain the child/young person’s whereabouts and safety prior to contacting the police, all action taken and messages received.
Escalation Procedures:
Any child/young person in care who is missing for more than 24 hours will be reported to the Assistant Director with responsibility for Children’s Social Care and the Director of Children’s Services by the relevant Service Manager via a "Need to Know "notification.
10.6 Absences Giving Rise to Particular Concern
In some situations, a child/young person going missing may give significant safeguarding concerns, Factors may include their age, vulnerability, disability or suspicion of abuse or sexual exploitation.
If this occurs, the child’s social worker should be contacted immediately as well as the Police. If they are not available then contact the duty worker or if out of hours the Emergency Duty Team to consider whether the threshold is met for a child protection investigation to be launched.
Possible actions are a risk management meeting, or a strategy meeting under Section 47 of the Children Act 1989 and as set out within the interagency safeguarding procedures.
10.7 Absences where Child/Young Person is Looked After by another Authority
When a child/young person placed in Peterborough by another local authority runs away or goes missing, their Local Authority needs to be contacted. The police will liaise with the police in that Authority and either Emergency Duty Team (EDT) or Children’s Social Care will notify the equivalent EDT or social work department in that area.
10.8 Contacting the Police - Initial Action by the Police
A police officer will attend all reports of a missing child. To assist their enquiries, they will require further information as in paragraph 8.1 and additional information which should be completed prior to their arrival by the relevant staff member or carer. Residential carers should complete this electronically and sign and date it and foster carers should complete it either by hand or electronically again signed or dated. This form takes into account the following information:
- Guidance already agreed and incorporated within the child/young person’s Placement Plan;
- The age and maturity of the child/young person;
- Clear consideration must be given to children/young people with disabilities and/or special needs as they are deemed most vulnerable and high risk;
- The legal status of the child/young person;
- Previous behaviour patterns and activity;
- Is there a reason for the child/young person to go missing?
- State of mind/perceived risk;
- Group behaviour, social networks and environmental factors;
- Consideration of any external influences, which may result in a child’s removal without consent;
- The possibility of a child being harboured/abducted;
- Any disclosures made by the child/young person or others prior to the child/young person going missing;
- The possibility of the child/young person being in the company of a person who poses a risk to children;
- Do they need essential medication that is not likely to be available to them.
The level of risk that the child/young person is at will be determined by the police and information in the Missing from Care Risk Assessment Report will enable them to do this in conjunction with the local authority (see Appendix 3: Missing from Home Process Flowchart). Police will share information with other agencies as appropriate (see Appendix 2: Flowchart of Key Questions for Information Sharing).
The attending police officer will take the report and a photograph of the child/young person (where available) to assist them with their investigations.
Whilst missing persons aged under 18 are automatically classed as "vulnerable missing persons" this is not an indication of risk.
10.9 Police Assessment of Risk
All reports of missing children will be subject to a risk assessment by the police. This will be carried out for each individual on every separate occasion they are reported missing. This risk assessment, conducted by the initial investigating officer, and subsequently confirmed or revised by the supervising officer will form the basis for the appropriate level of investigation. It is an ongoing process and will be reviewed throughout the investigation. The police have two categories for risk:
- High Risk
The risk posed is immediate and there are substantial grounds for believing the child/young person is in danger through their own vulnerability; or may have been the victim of a serious crime; or the risk posed is immediate and there are substantial grounds for believing the public is in danger. - Medium Risk
The risk posed is likely to place the child/young person in danger or they are a threat to themselves or others.
While all agencies share responsibility for the safeguarding of the child/young person, children's social care is responsible for children in their care and this responsibility is not absolved when they have made a report to the police.
The Police also use ‘Low risk’ as a third category. However vulnerable people, which includes children and young persons will never be categorised as low.
10.10 Police Powers
Police powers are often limited and difficulties can arise when missing children/young people are located, but do not wish to return to their homes.
Section 46 of the Children Act 1989 empowers police officers to take a child/young person into Police Protection in prescribed circumstances i.e. when police have reasonable cause to believe that they would otherwise be likely to suffer Significant Harm, they may remove them to suitable accommodation and keep them there. Such suitable accommodation could include the home from which they originally went missing. When such steps are taken a designated officer of the rank of Inspector or above will be appointed to conduct an independent oversight of the circumstances of the case.
Home Office Circular 44/2003 gives guidance on the application of Section 46 children/young people who are subject to an order or requirement resulting from the criminal justice process or a secure order made in either civil or criminal proceedings and is absent from their placement without permission is an absconder (see Section 10.3, Absconders). The police must be informed of the absence without delay and they will deal with the matter using appropriate powers under the relevant legislation.
10.11 Multi-Agency Review
Police will involve other agencies in the review process of outstanding missing person investigations. This will provide a comprehensive picture of the child/young person's circumstances. During the initial stages of the investigation it may be appropriate for the review to be in the form of a phone call by police to relevant agencies. However, if the child/young person is still missing after 7 days (or sooner if there is a high risk factor) there should be a Missing from Care Review, which should take place on the next working day. This will be arranged by the responsible Service Manager and attended by the following:
- Police;
- Social worker and Team Manager;
- Foster carer or residential staff;
- Foster carer’s supervising social worker (if applicable);
- Any other agency or person able to contribute to the meeting (e.g. Attendance Service, Youth Offending Service, etc).
There will be a set agenda for the meeting, which covers the following points, at all times a return to placement interview must be considered:
- Current searches that have taken place;
- The risks and vulnerability to the child;
- Any associates they are with;
- Any other parties that need to be informed of the situation.
This is not an exhaustive list; discretion must be used to ensure that any areas of concern are addressed.
10.12 Informing the Press
It is a joint decision for the police to advise the media regarding any missing child/young person. Whether the child/young person is missing from public or private care providers, the decision to publicise by press and /or television will always be made in consultation with the responsible social worker and the Assistant Director with responsibility for Children’s Social Care. This will be arranged at a local level, by the Assistant Director or nominee with Peterborough City Council press office. The social worker will be informed before any publicity in order to advise the parents. However, there may be occasions where the decision to go to the press is immediately instigated by the police if the situation is deemed life threatening. All efforts will be made by the police to liaise with children’s social care in the first instance or immediately after.
10.13 Planning for Locating and/or the Return of a Child/Young Person
The police will conduct a "Safe and Well" check for all children/young people reported missing.
If a child/young person’s absence comes within this protocol, the child/young person’s social worker should start planning for when the child/young person is located, in consultation with staff from the residential home, police, carers and parents (where appropriate). Such plans will include:
- Determining the most appropriate way to ensure the child/young person is listened to and deciding where this should occur and who should carry this out;
- Giving the child/young person the opportunity to speak with someone independent of children’s social care and ensuring they are aware of their right to access an advocate. Connexions Personal Advisers offer 72 hour return interviews and will discuss with the social worker if this is appropriate/helpful;
- Identify ways in which the child/young person can meaningfully inform and participate in the return plan;
- Deciding if the child/young person is returning to the previous placement;
- Agreeing how and when the police see a child/young person on their return to undertake the "safe and well” check. The timing and process to do this will be based on the outcome of the discussion noted in point 1 but should be done within 24 hrs;
- Plan who will complete the return to placement interview;
- It is the responsibility of children’s social care to make the arrangements for the transportation of the child/young person back to their placement;
- Discussion should take place between children’s social care and the police regarding their respective powers to enforce a return if the child/young person resists and is not apparently at risk. Children’s Social Care Legal Department should be consulted. If there is a failure to agree on a course of action then the Assistant Director and the local police inspector will be consulted;
- Following relevant consultation where individual needs require a partnership approach, the police will work in partnership with the plan developed by children’s social care to return a child/young person to his/her placement. If there are any allegations of abuse, or a suggestion that the child/young person has been a victim, or a perpetrator of any crime, the police need to be contacted immediately and they will consider implementing child protection procedures;
- Due consideration must be given to the securing of evidence and possible forensic examination. This may include keeping any clothes the child/young person was wearing and/or sensitively discouraging bathing/showering and toileting where this can be managed appropriately. The police will advise on appropriate procedures to follow.
In the case of children/young people who remain out without permission but who have been reported to and subsequently seen as "safe and well" by the Police, the Police must report this information to the relevant residential home or in the case of foster carers the child/young person's foster carers and social worker.
10.14 Returning to Placement Interview
The message we give when a child/young person returns to the home is important in helping them build a sense of worth and belonging. Looking at what children/young people tell us, it is perhaps not the best time to ask questions about their whereabouts and actions whilst missing. This can be done at a later date if appropriate. Showing genuine concern for their safety and offering food and drink are very basic but powerful messages that we care and a positive way of welcoming the child/young person back home.
Areas to be covered in the return to placement interview include:
- Whether they need any immediate treatment (health and emotional support) as a result of what happened;
- What are the underlying reasons for why they ran away;
- Where they went and who was present;
- Are there any issues in relation to their placement that need to be considered;
- What are you doing when you run away? What is different if there have been other times you have gone missing?
- Any associates involved in them going missing and how;
- Whether any offences have occurred to them or by them during this time and how this might be dealt with;
- Are you planning it again, what might stop you?
- Any follow up support/action that is needed, either by carers or other professionals;
- Should there be a multi-agency strategy meeting?
- Is there need for an early Child Care Review?
- Review any prevention/support work currently being undertaken with the child/young person.
See Appendix 3: Missing from Home Process Flowchart.
10.15 Emergency Accommodation
If the child/young person cannot be returned to the previous placement during normal working hours the decision to place the child elsewhere will be made by the appropriate service manager within children’s social care, outside of normal working hours this decision will be made by the Emergency Duty Team in consultation with the duty service manager.
10.16 Assessment and Analysis of Missing from Care Episodes
An important part of supporting a child/young person is identifying patterns and themes arising from their missing from care episodes, analysis of information arising from each episode must form part of the ongoing work with the child/young person.
Once a child/young person returns consideration should be given to:
- The need for a multi-agency strategy meeting;
- The need for an early Child Care Review;
- Reviewing any prevention/support work currently being undertaken with the child/young person;
- A placement support meeting.
Also Placement Plan should be updated. Factors to Consider:
- The likeliness of the child/young person continuing to go missing and any factors which may reduce this;
- Are there issues in relation to the placement meeting their needs, additional risks given adults and children they associate with and how can these be addressed;
- The level of supervision and support the child/young person requires currently;
- The likely level of risk should the child run away and any additional action that should be taken.
10.17 Monitoring
The responsible social worker should monitor how often a child/young person runs away or goes missing, how the placement manages that child/young person's missing episodes and ensure plans are in place to safeguard the child.
The social worker should report to their manager any concerns about a placement being able to meet the needs of the child/young person. The foster carers’ handling of the incidents will form part of their annual review report, and also will be fed into continuing training.
The Service Manager is responsible for: reviewing implementation of the protocol within Children’s Social Care; monitoring information about patterns of absence among children in care; working alongside managers to seek to minimise any repeat incidents in particular where trends are identified regarding episodes from particular care placements.
10.18 Regulation 33 Visits
Regular monitoring of restraint procedures, accident reports and missing from care records will be monitored as part of the supervision agenda of the Asst Director responsible for children’s social care. Children’s social care will also monitor this as part of their quality assurance audit cycle. Following this, all findings from the audits will form part of ongoing training and will contribute to updating policies and procedures.
Police data through their analysts provide a good source of data base information to highlight trends and any possible action that may be needed. This will be shared with the local authority Performance and Information Management Team to support quarterly reporting.
11. Bibliography
The Children's Society (2008) Stepping Up. London.
Social Exclusion Unit (2002) Young Runaways. London: Office of Deputy Prime Minister
Other useful guidance and documents:
- Dept for Children, Schools and Families (2009) Statutory Guidance (revised) for Local Authorities in England to identify Children not receiving a Suitable Education;
- Department for Children, Schools and Families (2009) Safeguarding Children and Young People from Sexual Exploitation. Supplementary Guidance to Working Together to Safeguard Children;
- HM Government (2009) Multi Agency Practice Guidance. Handling Cases of Forced Marriage;
- Statutory Guidance to the UK Border Agency on making arrangements to safeguard and promote the welfare of children (2009);
- HM Government (2011) Safeguarding Children who may have been trafficked;
- HM Government, Information Sharing: Guide for Practitioners and Managers (2008); a pocket guide is also available.
- East of England Unaccompanied Asylum Seeking Children Safeguarding Protocol (Sept 2007).
12. Helplines
Missing People
Missing People provides support for missing children, vulnerable adults and families left in limbo.
Through the Runaway Helpline, the charity provides crisis-support to any young person who has run away from home or care, or been forced to leave. The service is 24/7, free, confidential and can be contacted via Freefone 0808 800 7070, by emailing runaway@missingpeople.org.uk and also by texting 80234.
Missing People also helps local authorities to find young people missing from home or care. The charity can provide liaison and publicity opportunities, including national media partners, to aid the safe return of a child.
Missing People accepts referrals from any agency or carer involved with a missing child as long as the case has already been reported to police. A straightforward media consent form will need to be signed by whoever has parental responsibility.
To contact Missing People about a missing child, email: services@missingpeople.org.uk or call 0871 222 50 55.
Childline
Childline is a free confidential telephone helpline providing counselling service for children and young people run by the NSPCC. The phone number is 0800 1111.
Get Connected
Get Connected is a free, national helpline for any young person under 25 facing any issue, giving each young person the emotional support they need to work out what they want to do about their situation, and the information they need to choose the most appropriate help.
Get Connected holds details of over 13,000 different services and allows the young person to make their own decisions at their own pace. They then connect them, free, to their chosen service.
In the case of a young person who has run away or been thrown out of home, they can explore their accommodation options, including friends, family, social services, refuges/hostels or returning home. If the young person wants to find help with any other issues, Get Connected can also put them in touch with services such as counselling, advice, drop-in centres and practical help.
Phone: 0808 808 4994 (1pm-11pm every day)
Email: help@getconnected.org.uk
Webchat: Get Connected website (7pm-10pm every day)
FRANK
FRANK Telephone Line and Website is the joint DCSF, Department of Health and Home Office drugs advice and information campaign for young people: 0800 77 66 00.
Connexions Direct
Information and advice for young people aged 13-19, including on housing and homelessness. Offers phone, email, text and adviser on-line facilities.
See Connexions Direct website.
Phone: 080 800 13 2 19 (8am - 2am)
Appendix 1: The Legal Framework
- The law does not generally regard young people under the age of 16 as being able to live independently away from home;
- Where a child/young person under 16 (or 18 if disabled) stays with a person (other than a person with parental responsibility or a close relative), for 28 days or more, the person caring for them is acting as a ‘private foster carer’ within the meaning of s66 of the Children Act 1989 and therefore they must notify the local authority that they are privately fostering the child/young person. ‘Children (Private Arrangements for Fostering) Regulations 2005’ SI 2005/1533. Failure to notify the local authority may be an offence;
- Anyone who has care of a child without parental responsibility may do what is reasonable in all the circumstances to safeguard and promote the child’s welfare (Children Act 1989 s3 (5)). It is likely to be ‘reasonable’ to inform the police, or children’s services departments, and, if appropriate, their parents, of the child/young person’s safety and whereabouts;
- Anyone who ‘takes or detains’ a runaway under 16 without lawful authority may be prosecuted under s2 of the Child Abduction Act 1984. The enforcement of this provision might be problematic, however, if the young person has chosen to stay with another adult of his or her own free will;
- Where a young person who has run away is likely to be a child in need within the meaning of s17 of the Children Act 1989, the local authority should consider whether it should provide any services for the child, and in particular, whether the child meets the criteria in s20(1) of the 1989 for accommodation. This will almost always entail undertaking at least an initial assessment of need in accordance with the Framework for the Assessment of Children in Need and their Families and, in most cases, a full core assessment will be required;
- If the local authority has reasonable cause to suspect the child is suffering or is likely to suffer significant harm, they should also undertake appropriate enquiries to enable them to decide what, if any, action they should take to safeguard or promote the child’s welfare. Those enquiries must be started as soon as possible and in any event within 48 hours;
- A court may make a recovery order concerning a child who is the subject of a care order or an emergency-protection order; or who is the subject of police protection under s46 of the Children Act 1989 Order if there are grounds to believe that he has been unlawfully taken away from the person responsible for his care, or if he has run away or has been missing from care (s50 of the Children Act 1989). The Order acts as a direction for the child to be produced or for disclosure of his whereabouts. It also has the effect of permitting a police officer to enter named premises to search for the child using reasonable force if necessary;
- A person, who unlawfully removes, keeps away, assists or otherwise encourages a child to run away or stay away from their care placement may be guilty of an offence and liable to prosecution (s49 of the Children Act 1989.);
- Where it is inappropriate or not immediately possible to seek parental consent, s51 of the Children Act 1989 exempts agencies which provide refuges from charges under s2 of the Abduction Act, referred to previously, and from other charges relating to children missing from care. Young people may only be accommodated under this Section if they appear to be at risk of harm. They may stay in refuge provision for a continuous period of up to 14 days, and for no more than 21 days in a three-month period;
- Young people aged 16-17 are able to claim benefits and work full time, but by law cannot live independently without parental consent. The Homelessness (Priority Need for Accommodation) (England) Order 2002 identifies 16-17 year olds as priority for accommodation unless they are care leavers or classed as children in need under s20 of the Children Act 1989. The Southwark ruling 2009 requires local authorities to assume any single, homeless young person is a child in need and so eligible for accommodation, unless an assessment proves otherwise.
Appendix 2: Flowchart of Key Questions for Information Sharing
Click here to view Appendix 2: Flowchart of Key Questions for Information Sharing.
Appendix 3: Missing from Home Process Flowchart
Click here to view Appendix 3: Missing from Home Process Flowchart.
Appendix 4: Missing from Care Process Flowchart
Click here to view Appendix 4: Missing from Care Process Flowchart.
Appendix 5: Missing from Home and Care Notification Pathway
Click here to view Appendix 5: Missing from Home and Care Notification Pathway.
Appendix 6: Proforma to Support 72 Hour Interview
Click here to view Appendix 6: Proforma to Support 72 Hour Interview.
Appendix 7: Children Missing Education
The Role of the Local Authority in Identifying and Addressing Children Who Run Away or go Missing from Home or Care
School Attendance Procedures
Parents are responsible for ensuring their children receive suitable education usually by regularly attending school. Children whose attendance falls below 85% are referred to the Attendance Service and parents could be the subject of legal proceedings if the situation doesn’t improve.
All schools are recommended to make first day contact with parents whose children have failed to arrive at school without explanation.
If pupils fail to return to school and parents fail to offer an explanation, schools would give consideration to asking the police to undertake a safe and well check. If there were known previous safeguarding concerns, this would happen more promptly.
Schools also notify Children’s Social Care (CSC) if children who are the subject of a Child Protection (CP) plan are absent or are excluded.
If parents or carers inform school that their child was living in another household, schools would advise parents if this constituted a private fostering arrangement that there was a requirement for a CSC assessment.
If parents were to disclose that the children were missing from home they would be advised to contact the police.
Children Missing Education
Children Missing Education (CME) will not necessarily be missing from home or care but Local Authority (LA) interventions designed to identify and address CME may be relevant in certain circumstances.
Children can miss education either when they fail to register with a school, or when they fall out of the education system and there is no systematic process in place to identify them and ensure they re-engage with appropriate provision (which may include services outside of school to meet their needs). Their personal circumstances or those of their families may contribute to the withdrawal process and the failure to make a successful transition. For example they may:
- Fail to start appropriate provision and hence never enter the system;
- Cease to attend, due to illegal exclusion or withdrawal; or
- Fail to complete a transition between providers (e.g. being unable to find a suitable school place after moving to a new local authority area, or after leaving a custodial establishment).
Some children living in certain circumstances face more obstacles to achieving the 5 Every Child Matters (ECM) Outcomes and this can include not receiving a suitable education. Amongst these are (this list is not exclusive):
- Children and young people under the supervision of the youth justice system;
- Children from families fleeing domestic violence;
- Children of homeless families, perhaps living in temporary accommodation, house of multiple occupancy or Bed and Breakfast;
- Young runaways;
- Children in families involved in anti-social behaviour;
- Children who are on the child protection register;
- Children affected by substance and/or alcohol;
- Unaccompanied asylum seekers; children of refugees and asylum seeking families;
- Children in new immigrant families, who are not yet established in the UK and may not have fixed addresses;
- Children of migrant worker families (who may not be familiar with the education system);
- Children of families who can be highly mobile, e.g. parents in the armed forces, Gypsy, Roma and Traveller families;
- Children who do not receive a suitable education whilst being educated at home;
- Children who have been bullied;
- Children who have suffered discrimination on the grounds of race, faith, gender, disability or sexuality;
- Children at risk of sexual exploitation, including children who have been trafficked to, or within the UK;
- Children at risk of “honour”-based violence including forced marriage or female genital mutilation;
- Looked after children/children in care; children who go missing from care;
- Children who are privately fostered;
- Young carers;
- Teenage parents;
- Children who are permanently excluded from school, particularly those excluded unlawfully e.g. for problematic behaviour or offending;
- Children whose parents take them abroad for a prolonged period;
- Children who were registered with a school that has closed, and have not made the transition to another school;
- Children of parents with mental health problems;
- Children of parents with learning difficulties;
- Children with long term medical or emotional problems;
Local authorities have responsibilities to identify CME and to put in place effective tracking systems and support arrangements involving partner agencies as appropriate.
If parents inform a school that they are leaving the area or otherwise transferring schools, the new school would be contacted to ascertain that this was the case and to enable transfer of school records including any child protection files.
If parents do not contact the school or are unable to provide any forwarding address the school completes a CME referral form and send to the LA designated CME officer. She will write and do a follow up visit if no response. Information can also be posted on the national S2S Lost Pupils database.
Children Without a School Place
These are children who the LA has information about including their address, who for a variety of reasons do not have a school place. Securing a school place is a parental responsibility but the LA admissions department does advise parents on the availability of school place. As from September 2010 all admissions will be centrally managed by the LA and advice is available from the Admissions Service.
Parents who do not secure a place for their child could be the subject of a School Attendance Order.
Children without a school place, missing from home or with poor attendance could be picked up on a truancy sweep. Information on children without a school place is also routinely shared by health partners.
Elective Home Education
The LA does have some responsibility to monitor the suitability of the education provided by their parents and therefore not on the roll of a school but opportunities for monitoring their welfare are infrequent and limited.
For further information, please refer to Peterborough’s Children Missing from Educational Provision (CME) Policy and Procedures Handbook (draft Jan 2011).
End