How to manage transitions
What you need to know when a child transfers from the youth justice service to an adult service and to Probation Service supervision. It includes information on the provision of education and health services in transitions processes.
When a child transfers from the youth justice service (YJS) to an adult service it is a critical time for them. You should consider what will make this a planned and smooth experience for them and what they need in terms of support and introduction to the new service. This includes:
- Identifying at the earliest point children who are eligible for transfer and starting to prepare them for the process (usually at 17 years and six months old).
- Developing a transition plan with the child and their family/carers; every child who transfers to adult services must have this as part of their sentence plan.
- Highlighting in the transition plan their individual and support needs, strengths and interests; any areas with which they need particular assistance; and what the receiving service needs to know about the child.
- Identifying anything which needs to be done to assist the child through the transition process and who will support them at each stage.
- Working with the child and Probation Service to ensure there is a phased approach and planned introductions to new workers/supervising officers.
- Discussing any queries the child has about the transition process, allaying any concerns and helping them to understand the expectations of the new service.
- Offering continuity between what the child has been doing with the YJS and what they will do once under the supervision of the Probation Service
- Sharing all relevant information about the child with the Probation Service before transfer, including the likelihood of harm to themselves and others; the views of the child and any concerns they have identified.
- Reviewing each transition to ensure it is planned and conducted well.
You should work with the Probation Service to ensure that:
- the child’s safety and wellbeing is maintained
- any public protection issues continue to be effectively managed
- their needs are understood by their new case manager
- the expectations of the new service are explained and understood by the child (and their family/carers)
They should have the opportunity to meet their new case manager prior to transfer as part of the familiarisation process.
You should also highlight if the child has experienced trauma and its impact on their ability to form relationships. This is likely to have an influence on how they develop new relationships and whether they will need any particular assistance to engage with the Probation Service and new workers.
If the child has been looked after and will become a care leaver, it is also important that their status is identified and communicated to the Probation Service. Care leavers should be identified in transition processes to ensure they continue to receive the support to which they are entitled (from the local authority) and the help they need to assist them to make positive connections to adult services.
Building Independence Through Planning for Transition is a guide for practitioners supporting children to go through transitions from youth to adult services.
The Joint National Protocol for Transitions in England and the Wales Youth to Adult Transition Principles and Guidance have been developed to help YJSs and the Probation Service to establish local arrangements to manage the transfer process. They set out the key roles, responsibilities and processes YJSs and the Probation Service should follow. Both documents contain an appendix setting out how transitions can be trauma-informed and what services can do to support children ending their contact with one service and starting it with another.
A child who has been in the care of their local authority for more than 24 hours has ‘looked-after’ status. Whilst looked-after child remains the statutory description, ‘child looked-after’, child with care experience or ‘child in care’ are also terms which are used. A child looked-after is in the care of a local authority either through:
- a care order made by a court
- a voluntary agreement with their parent(s) to accommodate them
They may be looked after:
- in a children’s home
- by foster carers
- with other family members
All Unaccompanied Asylum-Seeking Children are also children looked-after.
A child can also become looked after because:
- they have been removed from their parents or carers under an Emergency Protection Order and are subject to an Interim Care Order and care proceedings
- they have been removed from their home under a Child Assessment Order
- they have been removed to suitable accommodation under police protection (section 46 Children Act 1989 and sections 76 and 77 of the Social Services and Well-being (Wales) Act 2014
- they have been remanded to local authority accommodation or custody because they have been refused bail
- they have been given a Local Authority Accommodation Requirement, or a Fostering Requirement attached to a Youth Rehabilitation Order
The general duty of the local authority is to act in the best interests of the child and to promote their physical and mental health and well-being. This duty underpins all activity by the local authority in relation to children looked-after. Every child looked-after is required to have a care plan which sets out what the plans for that child are and the professionals who will be involved in delivering each element. Plans are regularly reviewed and adjusted to take account of changing needs and circumstances.
A care leaver is a child who has been in the care of the local authority, including as a result of being remanded, for more than 13 weeks.
Legislation relating to children looked-after is contained in the Children Act 1989 in England (amended by the Children Act 2004 and the Children and Families Act 2014) and the Social Services and Well-being (Wales) Act 2014.
The AssetPlus assessment will ask you to identify if the child is looked after. This information is obtained from children’s services.
A child looked-after who the youth justice service (YJS) is supervising may move to a different area during the period of supervision. The choice of locality and type of accommodation they are placed in will be the decision of the local authority.
Case transfer is a critical period for children, it may bring uncertainty and placement in a location far from the usual place of residence. YJSs and children’s services must work together to ensure continuity in the care plan and sentence/intervention plan. This is to make sure the child’s welfare is properly safeguarded, continuity of existing court orders is maintained, and any public protection concerns are minimised.
Continuity of contact with the child is essential and they should be clear about how their YJS worker will stay in touch with them e.g. remotely, in-person or a combination of both and with what frequency.
Planning should also take place between the home YJS (In the area in which the child usually resides and which is holding statutory responsibility for the court order) and the host YJS (in the locality where the child is now placed). See the section on case responsibility for more detail on the practicalities of case management when a child moves to a new area.
In terms of the justice system, children are likely to move from one accommodation type to another because:
- the child is appearing in court, is likely to be denied bail and a remand to local authority accommodation is under consideration
- the youth justice service (YJS) is supervising a child looked-after who changes placement
- a requirement is made to reside in local authority accommodation or be subject to an Intensive Fostering Requirement as part of a Youth Rehabilitation Order
- the child is remanded or sentenced to custody
In some instances, accommodation will be required. The local authority is obliged to provide accommodation (see the how to manage bail and remands section), or must be consulted with if a particular requirement is under consideration as part of a Youth Rehabilitation Order (see the requirements that can be attached to a Youth Rehabilitation Order). In other instances the local authority may be changing the child’s placement (e.g. in foster care, a children’s home, supported lodgings etc) as part of their care plan; or the child acquires looked after status as a result of a custodial remand (see what looked-after status means for children remanded to youth detention accommodation).
The child’s social worker and YJS case manager should keep each other informed of significant events, including any changes in service delivery or plans, or in the child’s status. The local authority should also be made aware of any impact on the court order if a change of placement is being considered e.g. curfews, electronic monitoring and other activities the child is required to engage in as it may affect their ability to engage with court orders. Any change to an electronically monitored curfew address for a child would require a return to court as the condition would specify a curfew address.
It is good practice to have joint meetings involving the child, carer, YJS case manager and social worker to ensure the child receives an integrated service, understands why the changes are being made and how they will continue to be supported to engage with the YJS.
Many children who are looked after are highly likely to have experienced adverse childhood experiences and traumatic life events, such as bereavement, neglect or abuse. Trauma impacts on a child’s ability to form attachments and bonds to others. The impact of change should always be taken into consideration and recognised that it can be unsettling and de-stabilising.
In order to support children looked-after through transitions youth justice services (YJSs) and children’s services need to share information about the child, their family and their situation and circumstances. This includes relevant aspects of assessments, care and sentence plans and the requirements of court orders.
You need to be familiar with local processes and procedures to ensure the effective and timely transfer of relevant information between the YJS and children’s services. You should also be clear about the roles of each in supporting the child. Both agencies should contribute to each other’s planning meetings so that as far as is reasonably practicable, individual plans for children are aligned; and children understand who will be supporting them.
Each child looked-after in the justice system who makes a transition should have a tailored plan, promptly produced with the active engagement from the child and their family/carer and the local authority. It should set out the personal and structural support to be made available to the child to help them engage with their court order. It should also identify how they will be assisted to maintain contact with their existing network (and family if appropriate), especially if the placement is out of the area in which they normally reside. The likely length of placement will also determine:
- what the plan looks like
- whether it is short or long-term
- its impact on the child’s existing relationships and how they will be maintained
All relevant agencies should work with the child, parents and carers to produce the plan. A plan should be in place for each transition including but not limited to the following:
- from home into residential or foster care
- to new or different placements
- to and from secure placements
The emotional and mental health needs of children who enter the justice system are assessed through AssetPlus; and may be supplemented with more specialist assessments. Many children will experience a range of emotional well-being needs as they grow up and progress through adolescence, and some will require more specialist mental health services. Part of the purpose of assessment is to establish whether children require specialist support e.g. from Child and Adolescent Mental Health Services (CAMHS) or other therapeutic and health-related services.
The mental and emotional health section of Asset Plus might be completed by a specialist health worker in your team alongside or instead of the supervising worker. You may also have access to other specialists such as a forensic or educational psychologist to help determine whether the child’s mental health is having a direct or indirect effect on their behaviour. Specialist staff may help determine what service the child needs and make a referral to the appropriate service. But every effort should be made to encourage the child to consent and understand why the referral is being made. If you are working with a child looked-after, you should be aware of what is in their care plan regarding their emotional and mental health and whether they are engaged with any services through the home local authority, to avoid duplication.
Children in the justice system can move between different tiers of health provision e.g. from working with the youth justice service (YJS) (providing advice and support, promoting well-being and identifying health-related needs) to CAMHS (providing specialist support to those with identified needs or diagnosed conditions) or to highly specialist mental health services (for those with the most severe mental health conditions). Children approaching 18 years of age may also transition to adult mental health services.
Children experiencing mental health problems (and conditions) are likely to be affected by factors associated with:
- their family and upbringing
- the environment they are living in
- the effect of adverse life events and circumstances and the ability to cope
- the impact of trauma and whether their attachment to others has become disrupted.
Substance misuse problems can also co-occur with mental health problems.
Children should be encouraged to express their views and identify what would be helpful for them. They may also have moved between various health-related services several times (and found it stressful). They are likely to need sensitive support to help them to explore their strengths and needs and be assisted to engage with health services and professionals of whom they may be suspicious. You should identify with them what the YJS can do to support them and help them to build the confidence to obtain the help and treatment they need. This includes helping to maintain motivation, particularly as access to health care provision and transition across health services may not always be immediate.
Putting children at the centre of a well-planned, integrated and supported transition enables them, and where appropriate those who care for them, to stay in touch with the agencies and professionals who look after them. Consequently, children are more likely to carry on with their treatment and continue to develop the skills to support self-management of their condition.
Ensuring a smooth transition for children with mental health problems from CAMHS (or to other health-related services) to agencies that are able to provide them with the care and support they need as they move into adulthood, will be dependent on effective joint working between all the relevant agencies. This in turn requires that professionals working within the different agencies have a good understanding of each other’s roles and responsibilities in relation to these children.
It is a statutory requirement that the YJS has input from health services in the delivery of services to children and appropriate membership at the management board. It is the responsibility of the local authority in partnership with the health authority to determine who are the most appropriate professionals. Children’s access to mental health services should be monitored and any concerns about appropriateness and accessibility of services should be escalated to the YJS management board and local commissioners and providers to ensure children’s needs are met and they have access to the services they require.
The transfer of health care for children into adult services can sometimes be difficult, as they may be faced with having to engage with different health professionals and move away from workers who have been supporting them for some time. Successful transitions are associated with:
- starting transition planning early and proactively involving the child and their family at all stages – with planned moves this can be six months in advance
- actively involving and consulting with the child and their family about what would work for them and encouraging them to guide their own care and support
- communicating with the child and their family about changes in arrangements, addressing and helping to alleviate anxieties and concerns
- taking into account sex, ethnicity and diversity, level of comprehension and understanding when considering what transition support is needed
- identifying a named worker who will support them through the process
This Care Quality Commission in England report provides advice on what can assist transitions processes to adult health services.
This guidance produced by NICE sets out what can be done to ensure children have a good experience of transition.
Education is an important factor in the prevention of offending or reoffending in children. During their education, children may face several transitional changes including:
- a change of environment
- new teachers
- a move to Special Educational Needs and Disabilities provision
- social groups and learning structure
Some transitions will be a natural process as they progress through education, while others will be a diversion from the normal passage of learning due to circumstances such as entry to the justice system. Children in the justice system will often, by virtue of that, experience more transitions which can often disrupt their lives as well as their learning and cause them additional stress and anxiety. They can also experience increased risk of being excluded or moved to Alternative Provision or a Pupil Referral Unit; and increased vulnerability, risk of exploitation and further offending.
It is important for youth justice services to be aware of the different transition points for children, to help reduce any negative impact caused by disruption to their daily lives.
There are several transitions that children in the youth justice system can experience. The following are some of the education transition points that children may encounter.
Year 6 to Year 7 (primary to secondary school)
The transition from Year 6 to Year 7 is an important and often disruptive stage in the lives of children. It involves a completely new environment, new teachers, a change of friends and a more rigorous learning structure.
These changes can cause anxiety for children and many will have some trouble adjusting, particularly where they are vulnerable. The risk of being excluded or moved to alternative provision may be increased, which in turn will increase their vulnerability and their risk of exploitation and further offending.
In-year moves
There are a number of reasons a child may move schools during the academic year. Most will change schools because they are moving home. Others may be due to factors such as exclusion, managed moves and relocation for safeguarding purposes. This will often be a time of anxiety and distress and additional efforts should be made to help the child settle. Justice professionals should be in contact with the relevant school to share information to support the child.
Between school and alternative provision
Some children may be transferred to alternative provision such as a Pupil Referral Unit due to behavioural issues or learning needs that schools are unable to manage. In most cases these transfers should be short term, and children should return to mainstream school as soon as possible.
This will be decided between the provider and the school; but youth justice service (YJS) staff should be in regular contact to be aware of any issues and to challenge decisions where it is felt that the child is being held back. Where the child has been newly diagnosed with Special Educational Needs or Disabilities (England) or Additional Learning Needs (Wales), it is imperative that the SEND guidance (England) and the Additional Learning Needs Code for Wales is consulted.
Year 11 to post-16 provision
Some children will choose to stay on in sixth form (if it is available) or go to college. Where they are remaining at sixth form in their school, they will still be attached to the school they attended but there will be a significantly different learning environment. Where they choose to go to college they will also be in a different location. Many of the children in the justice system will reach this stage with only a few or no GCSEs. This will make their entry to post-16 education more difficult. At this point the child’s involvement in the justice system may also create an additional barrier. Where possible, YJS education staff should attend enrolment interviews and ensure that the child is aware in advance of disclosure rules and any information they will be required to provide.
Between custody and the community
Children leaving custody are vulnerable and may face barriers when attempting to find suitable accommodation and education. They will also experience a significantly different education experience than when in custody. Resettlement planning should aim for as smooth a transition as possible to education provision in the community. Children of statutory education age in particular should always have allocated provision available after leaving custody.
Post exclusion return to school
Children who have been excluded may have been out of mainstream education for a long period of time. Many children in the justice system have experienced long periods of exclusion. Attending education helps to provide structure and boundaries for children, and the longer they are away from education the more difficult it will be for them to re-engage. Exclusions, especially external, should be challenged wherever possible.
Elective home education
Parents have a right to choose to educate children at home. In recent years there has been an increase in take up, including amongst children in the justice system. It is important that children receive a good standard of education in an environment where they are safe. Whilst many children educated at home may benefit from that experience, in some cases elective home education has been linked to vulnerability and criminal exploitation. If you are working with a child being educated at home, you should take special care in assessing their welfare and safeguarding needs.
When children in the justice system move through an education transition, it is important to understand their needs and make every attempt to provide or request additional support.
Youth justice services should:
- Be aware of the different types of transition and ensure the early identification of children who are moving through changes. This will help to address any barriers and additional anxieties are addressed in a timely manner.
- Consult and work with the child and their family/carer to discuss their needs and to inform them of the specific transition process and possible barriers. Where appropriate, parents/carers should be involved in discussions about the transition to support the child’s progress and engagement.
- Develop and maintain contact with staff at relevant local education establishments and education and SEND teams (England only). This needs to be done in good time to enable support and to ensure any Education and Health Care Plans (England) and Individual Development Plan (Wales) are continued. You should discuss the needs of the child and escalate any concerns quickly.
- Ensure that information is shared with custodial establishments so they can consider any education or training the child has engaged with in the community and, as far as possible, ensure continuity. If the child has special education needs/additional learning needs the establishment should also be made aware. The work undertaken with children in custody (educational or vocational) should be included in the planning and review process with the child and the establishment. Any records of achievement should be available to the child and shared with community providers on release.
- Constructive Resettlement principles should be utilised for all children leaving custody. Resettlement planning should always try and ensure that there is continuity and progression between what has been undertaken in custody and the community and link children into education, training and employment provision on release. For more detail see the section on custody and resettlement.
- Where a child is at risk of being excluded, refer to the relevant guidance to ensure that the child and parents/carers are aware of the process and implications.