High Court finds
?serious failings" by local authority in the care of one of its children
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 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.
http://www.howardleague.org/index.php?id=216
