Judge Munby - Serious failings by Caerphilly Council


Judge Munby - Serious failings by local authority. 16 June 2005 Sources: Howard League Family Rights Group Mr Justice Munby, in a landmark ruling, has found serious failings in the assessment and planning of a child in its care. The case was brought by The Howard League for Penal Reform, on behalf of J. J, who is not yet 18 years old, has led a wretched life". His mother was a victim of abuse by her step-father who also went on to abuse J. While J is an intelligent young man he has special and complex needs and lived in an area of great deprivation, high criminal activity and drug abuse. J was serving a detention and training order. While serving his prison sentence J had been placed on suicide watch and had threatened to harm himself. He had also been a victim of bullying while at prison. Mr Justice Munby when summing up J's situation said that he has a ?deeply disturbing constellation of disadvantages and difficulties which afflict so many of our children in Young Offender Institutions." Caerphilly County Borough Council had been involved with J and his family from at least March 2001. J's relationship with the local authority whilst he had been in care had been very difficult. J had four complaints: 1 J's personal adviser had not acted appropriately, 2 The assessment and planning process was inadequate, 3 The content of the assessments and plans were inadequate, and 4 The local authority had not provided him with suitable accommodation. J's personal adviser had not acted appropriately Mr Justice Munby found that assessment and planning should not be undertaken by the personal adviser, as in J's case. Part of the role of the adviser is to be an advocate or representative of the child in the course of dealing with the local authority. The adviser will be compromised if they both write the plan and at the same time represent the child's interests. Mr Justice Munby told the local authority that ?J is entitled to a personal adviser .. whose function is not obscured and compromised by the conflicts and ambiguities which unfortunately cloud .. the present situation [which] cannot continue and must be remedied." The assessment and planning process was inadequate Mr Justice Munby found ?..the process in this case was characterised by a number of serious failings.." including not complying with obligations under the law. The local authority embarked on the process far too late and did not involve J adequately. The judge was concerned by the ?mindset and culture" of the local authority in its approach to both the child and family involved in this case, warning that it might well breach family rights under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The content of the assessments and plans were inadequate Mr Justice Munby pointed out that adequate planning for a child's future requires adequate assessment. The flawed nature of the assessment provided for deficient planning for J's future. The judge found that there was no action plan to meet J's needs for training and employment after leaving prison, nor for support in literacy and innumeracy. In regards to J's homelessness situation the judge reflected that the local authority ?contented itself with the anodyne observation that the local authority would continue to explore accommodation options in preparation for [his] release." In short, the planning was hopelessly inadequate and contained little more than vague aspirations; ??it was little more than worthless." Mr Justice Munby went on to say, ?One measure of the pathway plan's inadequacies is that one would scarcely realise from reading it just how significant J’s needs and problems are. Another telling indicator is its failure to identify any truly specialist support for him." The judge found that the local authority had failed to plan in relation to J's health; development, education, training employment, independent living skills and accommodation. There had been no clear identification of J’s needs, what was to be done about them, by whom or by when. Mr Justice Munby confirmed, ??a clear statement of what is required may assist not merely this but other local authorities : A pathway plan must clearly identify the child’s needs, and what is to be done about them, by whom and by when ?" The local authority had not provided him with suitable accommodation The failure of this local authority to meet J's accommodation needs to be addressed urgently, in the context of a proper assessment and pathway plan. Chris Callender, Head of the Legal Team, said, ?This case highlights the urgent needs of children in prison and the failure of local authorities to plan for their release. We know that about one fifth of children in prison are also in care; without proper assessment and planning these children are highly likely to end up back inside. This judgment will send out a message to all local authorities that assessment and planning is not simply about ticking boxes, but a thoughtful and detailed process helping children to map out their future. J's statement to the Court highlights the need for a change in the culture and mindset of care planning; ?I need help. I have had a chaotic life, with prolonged abuse, neglect and distress. As a result I have had very little security or stability. My response has been dependency on drugs and difficult and challenging behaviour. I am not proud or content with my present predicament but I struggle to maintain the right course in life. I had hoped that on release from prison on this occasion I would make a change. I feel however let down that things were not in place for me in light of my well documented and long standing problems. Information for editors: Background Proceedings : J was due for early release on 13th December 2004 awarded for his progress and good behaviour while serving his custodial sentence. J was very worried that no accommodation had been located for him by 18th November 2004 so he contacted the Howard League for Penal Reform free legal advice line (HL). The HL wrote on 19th November 2004 to Caerphilly County Borough Council (CCBC) but did not receive a satisfactory response. Very concerned that J would not be provided with accommodation, jeopardising J’s release, HL threatened legal proceedings on 25th November 2005. Again there was no appropriate response and proceedings were issued in the High Court on 8th December 2004. The HL had identified accommodation for early release which was opposed by CCBC at a court hearing on 10th December 2004. As CCBC had still not identified accommodation J remained in prison over Christmas and New Year. J instructed HL to continue the legal proceedings as he was not happy with the planning for his care on release from prison by CBCC. On 13th January 2005, J was released from prison. On being picked up two hours late from prison he was taken to the homelessness section of CCBC and offered bed and breakfast accommodation in Cardiff City. J was too scared to take up such accommodation and was left homeless. At a hearing on 17th January 2005, CCBC accepted that J had a case and promised the court that they would revise their plans for J. On 24th January 2005 J was offered and accepted bed and breakfast accommodation closer to his home and community. As J was still unhappy with the support from CCBC, he instructed HL to continue the legal proceedings. On 8th March 2005 Mr Justice Munby heard the full judicial review argument at the High Court and handed down his judgment on 12th April 2005. Relevant law :, Children Act 1989 Children (Leaving Care) Act 2000 (PDF) and Children (Leaving Care)(Wales) Regulations 2001. The law provides a duty upon each local authority to advise, assist and befriend eligible children and to promote their welfare. There must be an assessment of the child’s needs and a pathway plan prepared and kept under regular review. The child must also have a personal adviser. Assessments should include health & development, need for education, training and employment, financial needs, independent living skills, care, support and accommodation. The views of the child, parents/main carers, school/college/LEA, doctor and personal adviser are to be taken in to account. The assessment should provide a ?comprehensive picture of the" child's developmental needs and agreed actions to address these. Plans will confirm the details of accommodation, a programme to develop practical and other skills along with the financial support for accommodation and maintenance needs. The plan is ?pivotal to the process whereby children" map out their future. Further information: Chris Callender 07791 026 197 The Howard League for Penal Reform is one of the leading NGOs working in the field of penal affairs. It also provides a legal service which represents children in prison. The Howard League wants to see a safe society where fewer people are victims of crime. We believe that prison custody should be reserved for people convicted of violent and dangerous offences. For other offenders community sentences are more appropriate and effective, because they make the individual concerned take responsibility and learn to live a law abiding life in the community.
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