3.3.1 Children and Young People who are Missing |
SCOPE OF THIS CHAPTER
This procedure applies to all Looked After Children and children not Looked After but who are absent or missing from their home address, and who may be children in need including children who are the subject of a Child Protection Plan.
This chapter should be read in conjunction with the LSCB Joint Protocol for Missing Children and Young People.
AMENDMENT
This chapter was revised in March 2012 to include the requirement: If a Looked After Child has been missing for 24 hours the Team Manager must Notify the Head of Service and an Assistant Director of Children’s Services.
Contents
- Definition of an Absent Child
- Planning Before the Event (Looked After Children)
- Absent from Home (Children not Looked After)
- Absence from the Looked After Children Service
- Young People who go Missing Outside the County
1. Definition of an Absent Child
For the purpose of this chapter, a child is to be considered 'absent' in the following circumstances:
| Unauthorised absence | Absence for a short period of time; sometimes it is known or suspected where the child might be. Some children absence themselves for a short period and then return and their whereabouts are known. Sometimes, children stay out longer than agreed, either on purpose or accidentally, and may be testing boundaries. This kind of boundary testing is within the range of normal teenage behaviour and does not come within the definition of missing and is therefore not the subject of this protocol. |
| Missing | A child will be classed as 'missing' if they are absent and staff or carers do not know where they are or when they are likely to return, and/or there are any circumstances giving rise to concern for the child. Such behaviour is likely to be out of character for the child and their absence should be reported immediately to the Police. |
| Absconded | For the purpose of this protocol a child is to be considered 'an absconder' if they are absent from their place of residence without authority and whilst this is not out of character it is in circumstances that give concern for the safety of the child, or where there is potential danger to the public. There may be a history of such behaviour by the child. Absence of this nature falls within this protocol. Children who break their bail or remand conditions will automatically fall within this definition and such cases should be reported to the police immediately. |
Young people with a pattern of running away or being missing before being a Looked After Child, should have this fact documented on the case file and it should form part of a risk assessment at the time of accommodation. The assessment will form part of the placement plan and needs to be considered at reviews and changes of placement. Such plans must indicate those persons to whom the young person is likely to turn to and run to. Any named persons with whom the child is not permitted to remain must be clearly recorded, together with the reasons. The views of the parents and the child in respect of these arrangements must also be recorded. In some cases, the child may have been subject to a child protection conference and the recommendations will inform the risk assessment.
2. Planning Before the Event (Looked After Children)
Prior to each planning meeting or review, including placement meetings, staff or carers (and fostering supervising social workers) must consider whether it is appropriate to discuss associated risks of the child absenting himself/herself from his/her placement.
If risks are posed, the Placement Information Record should outline the strategies that will be adopted to reduce/prevent absence.
3. Absent from Home (Children not Looked After)
If the report is initially made to the Police they undertake a risk assessment, based on criteria referred to above in Section 1, Definition of an Absent Child and will then decide whether to refer the case to Children's Services for the area in which the child lives.
If the report is made initially to Children's Services, it will be established whether the child is already in receipt of a service. If so, the procedures set out in Section 4, Absence from the LAC Service should be followed as appropriate.
If the child is not known, the matter should be considered as a potential referral of a Child in Need and an Initial Assessment carried out if necessary (see Section 3.1, Guidance regarding Children in Need).
As part of this Initial Assessment the checks listed below will be made, and the Police should be consulted.
If the Child does not appear to be a Child in Need, the matter should be passed to the Police. If it is considered that the child is a Child in Need, the procedures set out in Section 4, Absence from the LAC Service should be followed as appropriate.
3.1 Guidance regarding Children in Need
Many children who go missing from home will be "children in need" as defined by Section 17 of the Children Act 1989. These procedures apply if a child in the following circumstances goes missing or cannot be traced:
- A child who is subject of a child protection referral or Section 47 Enquiry;
- A child who goes missing or who is removed from his/her home address outside the terms of the Child Protection Plan;
- Any child known to a statutory agency who goes missing in suspicious circumstances, e.g. a child who is subject of an initial or core assessment where there are developing concerns about their safety.
3.1.1 Agencies to be informed
Also see Lincolnshire Safeguarding Children Board Procedures.
In any of the above circumstances the following agencies must be informed:
- The Lead Social Worker, social worker or duty social worker;
- Local Police station;
- The Safeguarding Manager if the child is the subject of a Child Protection Plan Legal Services if the child is subject to legal proceedings;
- Local agencies who know the child;
- Those with parental responsibility for the child;
- Education Welfare.
3.1.2 Strategy Meeting
If, following the above procedures the child has not been traced a Strategy Meeting should be convened within 5 working days of the child being missing from home.
The strategy meeting will need to consider whether other local authorities and agencies need to be contacted.
If there is any suspicion that the child may be removed from the UK jurisdiction, appropriate legal interventions should be considered and legal services consulted about options. This includes circumstances where there is a concern that there is a child or young woman who is being taken out of the country for the purposes of a Forced Marriage or for Female Genital Mutilation. (See Lincolnshire Safeguarding Children Board Procedures).
3.1.3 Notification
The strategy meeting may decide to circulate details of the child and family to other local authorities. Details of the child should be sent to the Safeguarding Manager for distribution nationally and locally. The Safeguarding Manager should also notify the Director of Children's Services and the press office if appropriate.
3.1.4 Child Protection Conference
If a child with a Child Protection Plan is not found within 20 working days the review conference must be brought forward to consider whether any other action should be taken.
3.1.5 Children who are not on the List of Children Subject to a Child Protection Plan
Children's Services will need to decide, in each case that has been referred to them, whether the child should have access to an Initial Assessment that conforms to the requirements of the Framework for the Assessment of Children in Need and their Families.
The purpose of this assessment will be to:
- Evaluate the risks if a child or young person were to go missing again;
- Decide whether or not they and their families might be appropriately offered local family support services; and
- Decide whether it is appropriate for enquiries to be made under Section 47 of the Children Act 1989.
3.1.6 When the child is found
When the child is found there should be a further strategy discussion between agencies previously involved to consider:
- Immediate safety issues;
- Whether to instigate a Section 47 Enquiry or Police investigation;
- Who will interview the child if part of the Section 47 Enquiry;
- Who will interview the child if not a Section 47 Enquiry;
- Who needs to be informed of the child's return.
3.1.7 Speaking to the Child
Whether or not children who have gone missing from home are assessed as being "in need", they should be offered access to an interview upon their return.
The interview should provide a safe opportunity for the child to discuss any concerns regarding his/her care including if they chose to run away from an abusive situation. It must take place without parents, foster carers or residential staff in close proximity.
As far as possible the person conducting this interview should be independent of existing arrangements for the young person's care and welfare and the young person's views should be taken into consideration in deciding which agency might best offer the necessary "independent" perspective.
3.1.8 Following the Interview with the child
Where a Section 47 Enquiry has taken place children's services and the Police should have a final Strategy Discussion to agree the outcome, including the need for a Child Protection Conference.
Where children missing from home are identified outside of their home authority, the "receiving" and the home authority will need to negotiate so that the child or young person may be linked back into appropriate local services.
If the child is not likely to return to the home authority, representatives of the receiving authority must be involved in the Strategy Discussion and the transfer of the case must be discussed.
4. Absence from the Looked After Children Service
For Absences from Home (not Looked After), see Section 3, Absent from Home (Children not Looked After).
This section relates to children absent from Foster care or Residential Care who are the responsibility of the Local Authority.
4.1 Immediate Actions
If it is safe to do so, staff or carers should locate and return the child to their placement address. However, no actions may be taken which may place the child or others at risk of injury, or which may result in an offence being committed.
If there are such risks, the staff/carers must consult their manager or the senior person on duty. In exceptional circumstances, where there is an immediate risk, the Police should be notified.
If staff are satisfied that the child is absent but they are aware or suspect the whereabouts of a child they should attempt to communicate with the child on his or her mobile phone, searching for the child and/or obtaining information from others about the possible whereabouts of the child.
If it is not possible or not appropriate to recover the child, the manager of the home/senior person on duty/supervising social worker and social worker or EDT must notified. If the EDT is notified, they must inform the Supervising Social Worker/Social Worker when normal hours resume. The social worker/supervising social worker should notify their manager at the first opportunity.
Missing Person's Records - All Incident Record and Risk Assessment are available at care establishments and should be completed as fully as possible, particularly if the young person has gone missing for the first time. The Police are to be informed by telephone at the time it is considered the child is missing. The Police will issue staff with an Incident Number which must be recorded on the All Incident Record.
The Police will issue the child with a unique reference number which will be their individual identifier for this and all subsequent incidents of going missing.
If the Child is still missing after a period of 24 hours, the Team Manager must inform the Head of Service and an Assistant Director of Children’s Services.
4.2 Risk Assessment
The term 'manager' is used in the following contexts:
- Out of hours, this means the Emergency Duty Team (EDT) for fostering, or the on-call manager for each residential unit;
- During normal working hours this means this means Home's Manager or senior on duty or foster carer's Supervising Social Worker (in consultation with his/her manager and the child's Social Worker);
- If the child is not placed in residential or foster care, it means the child's Social Worker/Team Manager.
The manager or senior on duty responsible for the immediate safety of the child should assess the level of risk posed by the child's absence e.g. either Low , Medium or High Risk.
To assist in this assessment, the manager or person completing the risk assessment should consider the following:
| a. | The legal status of the young person (e.g. is he/she lawfully detained?); |
| b. | Any child suffering from suffering from debilitating conditions such as epilepsy, diabetes, or amnesia; |
| c. | Any child known, or suspected, to be at risk of suicide or self harm (see Self Harming Policy); |
| d. | Any other child who gives cause for concern, having taken account of the child's circumstances and background; for example:
|
4.3 Notifications
| Low Risk e.g. there is no apparent threat of danger either to the subject or the public. |
Action: No need to notify the Police or others. Manager must review the situation every two hours or as circumstances change. If the child remains absent for 6 hours s/he is automatically deemed to be 'High Risk' |
| Medium Risk e.g. the risk posed is likely to place the subject in danger or they are a threat to themselves or others. Some level of pro activity is required by Police or other agencies. |
Action: The manager has discretion to notify or consult the Police, social worker or other professionals who know the child on the actions that are necessary. If the child remains absent for 6 hours s/he is automatically deemed to be 'High Risk' |
| High Risk The risk posed is immediate and there are substantial grounds for believing that the subject is in danger through their own vulnerability or mental state; or the risk posed is immediate and there are substantial grounds for believing that the public is in danger through the subject's mental state; or the level of risk will be accompanied by circumstances, which will require senior management in one or other agencies to be involved in press/media strategy and or close contact with other agencies. |
Action: The Police and others must be notified (see next section). |
Notifications must be made to:
- Police Missing Person's Unit (in the area where the child goes missing/is absent);
- If the child is subject to a Child Protection Enquiry or has a Child Protection Plan: the Police and the Safeguarding Children Board Manager;
- The child's social worker or EDT, who should be asked to notify the social worker on the next working day;
- After consulting the social worker/EDT, the young person's parents or those with Parental Responsibility;
- If the Child is still missing after a period of 24 hours, the Team Manager must inform the Head of Service and an Assistant Director of Children’s Services;
- If the young person is likely to be absent from school, the school;
- If the child is the subject of court proceedings or a court order, or a ward of the court the Council's Legal Services Department must also be informed so that appropriate action may be taken;
- If it is believed the child is involved in prostitution, the Regulatory Authority must be notified;
- In the case of an asylum seeking child, Her Majesty's Immigration Service, the National Missing Persons Helpline and the Refugee Council must be notified;
- The appropriate timescales should be adhered to when notifying the regulatory authority as set out in the relevant regulations.
4.4 Information to be made available to the Police
When reporting an absence to the police, staff should make available:
- The full name of the child, date or birth, sex and ethnic identity;
- A description of the child, including height, colour of eyes, clothing, etc.;
- A recent photograph where requested by the police;
- Family addresses;
- Known acquaintances;
- Any previous history of absconding;
- Name and phone number of social worker;
- Details of any court order;
- When the child was last seen, in what circumstances, and by whom;
- The name and address of the child's GP and Dentist;
- Any circumstances which might increase the risk to the child.
Staff should also make available to the Police any information arising out of their own risk assessment including the results of any room search (for potential information on the child's whereabouts) and which members of the child's family and friends have already been contacted and any information resulting from this.
4.5 Monitoring and Reviewing Absences
If the child is absent for 24 hours, the Fostering Service Manager or Team Manager must inform a Head of Service and an Assistant Head of Children’s Services. In addition they should review the actions that have been taken and should review the case every day thereafter, until 5 days have elapsed, the following should then be considered in consultation with the relevant Service Manager:
- Convening a Strategy Discussion/Meeting;
- Use by the Police of their powers to recover the child, for example, placing a child in Police Protection;
- Notifications by the Police to the National Missing Persons Bureau;
- An application for a Recovery Order;
- An application for a Secure Accommodation Order;
- The use of publicity, see next section.
4.6 Informing the Press
It is for the Police to advise the media about a child missing from the care of the local authority. This will be done in accordance with Police rules about communications with the media. A decision to publicise the absence in the Press and/or Television will always be made by the Designated Manager (Publicity) in consultation with the Press Office and a senior manager in Children's Services.
4.7 Returning Children
The responsible manager should plan for the child's return e.g.
- Will the child return to the same placement?
- How will s/he be conveyed there?
- Do the Police wish to interview the child before s/he is returned to the placement?
- Who would be an appropriate "independent person" to talk to the child after his/her return?
The Police will usually co-operate in the plans to return a child but, unless there is a serious risk (e.g. of an offence being committed) it is the responsibility of the manager/staff to return the child.
The Police, social worker and others notified of the absence must be informed when the child returns.
The circumstances of every child's absence will be discussed with them on their return. The child should be given the opportunity, by the person returning them, to talk to someone independent of the home or foster home about their absence. This person should have no line management with the home or fostering service nor should they be related to any member of staff or the foster carer. This would normally be a person from NYAS, however in some circumstances this person could be a police officer. It may be, however, that the child would prefer to speak to their primary carer or social worker.
It is the responsibility of the Senior Residential Staff of the home to ensure that, where requested, the child receives an interview with an 'independent person' within 72 hours of their return from absence. In the case of a young person missing from foster care the social worker should visit the young person within 72 hours of their return.
The purpose of this meeting is to give the child an opportunity to talk about the reasons for their absence and follow up any concerns or Complaints. Appropriate action should be taken to pass on information to the relevant agency if Child Protection concerns are raised.
The outcome of the meeting with the child should be discussed with the social worker and manager of the home with a view to deciding what strategies can be adopted to prevent further absences, and to assess whether the child has suffered, or is likely to suffer, Significant Harm.
If the child was absent for three days or more or the absence was one of three episodes reported to the Police in the previous four weeks, the Police should be asked to contribute to these discussions. An assessment as to whether the placement is still able to meet the young person's needs should be undertaken. If it is felt that it does not a meeting should be arranged to review the child's plans (e.g. Placement Plan/Placement Information Record.
Where any allegation of Significant Harm is made or becomes apparent, child protection procedures should be implemented. This will include considering the necessity for an Achieving Best Evidence interview.
Where there is any suggestion that the child has been a victim or perpetrator of a crime, consideration must be given to the securing of evidence for possible forensic examination. This should include securing their clothing and delaying any opportunity to bathe in appropriate cases.
5. Young People Who go Missing Outside the County
If a child becomes missing outside the County, the carer in charge of the external activity or holiday will:
- Institute a search in the area where the child went missing;
- Notify the local police in that area;
- Notify a Senior Manager at the home if relevant;
- Notify the child's Social Worker at the responsible Children's Social Care Office;
- Notify the Emergency Duty Team if out of hours;
- Notify the child's parents or guardian.
The senior manager of the home will be responsible for ensuring the general procedures, in relation to a missing child, are followed.
The senior manager of the home or the carer in charge of the activity will decide within 24 hours of the absence whether it is appropriate for the remaining members of the party to return home.
In the case of an asylum seeking child, the responsible Team Manager is required to notify Her Majesty's Immigration Service, the National Missing Persons Helpline and the Refugee Council.
Ongoing communication regarding the missing child will be maintained between the home or foster carer and the local police in the area where the absence occurred, and the situation will be reviewed regularly.
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