Bradford and District Youth Offending Team

What does it do?

Representatives from the police, probation service, children’s social care, health, and education identify the needs of young offenders by assessing and addressing the specific problems that make the young person offend. They deliver programmes of support with the intention of preventing further offending.

Who is it for?

Young people to prevent them from getting into trouble as well as those who offend. They also work with parents to offer advice on parenting.

How do I access it?

Contact the team directly for further information Charlie Jones, Youth Offending Team Manager

Young People with Special Educational Needs in Custody

Children and Families Act 2014

The new legal framework for children and young people with Special Educational Needs in youth custody. The new legal framework came into force on 1st April 2015 (sections 70- 75 of the Children and Families Act (C&F Act) and the Special Educational Needs and Disability (Detained Persons) Regulations 2015).

Introduction

The City of Bradford MDC has a very small number of young people sentenced to custody each year. Some of these young people will be disabled and/or have special educational needs.

From 1st April 2015 there are new laws and statutory guidance that apply to how young people with SEN are supported in youth custody.

This paper briefly outlines the key provisions and sets out roles and responsibilities locally. The SEND code of practice provides detailed guidance on the application of these duties in each case.

The provisions under the Children and Families Act only apply to:

• Children and young people aged 18 and under (i.e up to their 19th Birthday)
• Children and young people who have been sentenced or remanded by the Courts to a Young Offender Institution, a Secure Training Centre or a Secure Children’s Home (relevant youth accommodation) in England
• In future, secure colleges
• Children voluntarily detained in a Secure Children’s Home

Key aspects of the wider Special Educational Needs and Disabilities (SEND) Reforms

The key aspects of the new SEND system are:

• 0- 25 system (For detained Children and Young People (CYP) the new approach applies to age 18 and under)
• Focus on outcomes and preparing for adulthood
• Joint working between education, health and social care
• Principles of engaging with young people, children and their parents with greater transparency/information about what is available in the local area
• Education, health and care plans (EHCP) replace Statements of Special Educational Needs (Statements) and Learning Difficulty Assessments (LDA) (Section 139A assessments).

The SEND Code of Practice 0-25 years

• The Code of Practice (the Code) is statutory guidance for organisations who work with and support children and young people with special educational needs (SEN) and a range of institutions and bodies must have regard to it.
• Specifically in relation to youth offending, Youth Offending Teams (YOT) and persons in charge of relevant youth accommodation must have regard to the Code.
• Chapter 10 (10:60 – 10.150 (pp222 – 243)) of the Code relates to children and young people with SEN detained in custody. This should be read alongside the whole of the Code of Practice.

Youth custody: Principles of the new approach

• The home Local Authority (LA) continuing engagement and responsibility for arranging a CYP’s special educational provision while they are in custody
• The child or young person receives appropriate special educational provision and health provision in custody
• Identifying need and ensuring that provision continues on release will help a child or young person’s resettlement
• Making a request and getting an assessment underway in custody will be a good use of time

Who’s who?

The appropriate person:

• The child’s parent or the young person if they are over compulsory school age
• ‘Parent’ includes any person who is not a parent of the child but has parental responsibility or who cares for him or her

Home local authority:

• The Local Authority which maintained the EHCP in the community.
• A request for an assessment must be made to the LA where the child/young person is ‘ordinarily resident’.

Youth Offending Team:

• Multi agency teams in every local authority area.
• Key point of contact between the establishment and the local authority.

Person in charge of relevant youth accommodation:

• The Governor, Director or Principal

Education Providers:

• In Young Offender Institutions (YOIs) are contracted and funded by the Youth Justice Board (YJB)
• Carry out literacy and numeracy assessments. Contracted to meet the educational needs of all detained CYP
• Provide the special educational provision which the Act requires the home LA to arrange

Health Providers:

• In YOIs are centrally contracted and funded by Nation Health Service (NHS) England
• Carry out comprehensive health assessments
• Provide the health provision which the Act requires NHS England to arrange

Assessments for CYP in custody

• A young person, a child’s parent or the person in charge of the custodial establishment has the right to request an EHC needs assessment from their home local authority.
• Anyone can bring a child or young person to the home LA’s attention (e.g. the YOT).
• The LA must determine within 6 weeks whether to conduct an assessment.
• The overall timescale from request to a final EHC plan is 20 weeks (with exemptions apply as in the community).

See the file link below for further information about EHCP Assessment timeline plan

Independent Advice

Independent advice can be sought by parent(s)/ carers from Bradford Parent Partnership Service (Barnardo'40-42 Listerhills Science Park, Bradford, BD7 1HR. Tel: 01274 513300

40-42 Listerhills Science Park, Bradford, BD7 1HR. Tel: 01274 513300

SEND Code of Practice

This plan has been developed in line with Section 10: 10.60 to 10.150 of the SEND Code of Practice January 2015 from the Department for Education

Original references and primary source materials:

The Council for Disabled Children, Children and Families Act 2014 and The SEND Code of Practice 0-25 years, Department for Education, other local authorities, e.g. Calderdale Council and Bath and North East Somerset Council.