1. Introduction 1.1 This Protocol is important for the safeguarding of children and families across Wiltshire and Swindon. It should be read and implemented, where necessary, by all practitioners and managers working with children or young people who are at risk of going missing from home or care or who are already doing so. 1.2 The work has been completed under the auspices of Wiltshire and Swindon Safeguarding Children Boards who will be responsible for ensuring an annual review of the effectiveness of all aspects of the protocol through their quality assurance processes. 1.3 It is based on: Statutory Guidance on Children who Run Away and Go Missing from Home or Care (DCSF, July 2009 subject to review and consultation by DfE to conclude Sept 2013) Guidance on the Management, Recording and Investigation of Missing Persons, National Improvement Agency Guidance 2005 Interim Guidance on the Management, Recording and Investigation of Missing Persons 2013 1.4 The protocol is designed to support effective collaborative safeguarding response from all agencies involved when a child/young person goes missing. Use in conjunction with: South West Child Protection Procedures (www.swcpp.org.uk). Working Together 2013 1.5 The most effective assessment and support comes through good information sharing, joint assessments of need, joint planning, and professional trust within the interagency network and joint action in partnership with families. 1.6 Wiltshire and Swindon Safeguarding Children Boards expect all agencies working with children or young people who are missing from home or care to implement this Protocol and ensure that all relevant members of staff are aware of it and how to use it. It should be used in all new contacts with children and young people. 1.7 Running away is often a symptom of wider problems in a child/young person’s life. Whatever the reason, one thing is clear: children or young people who decide to run away are unhappy, vulnerable and in danger. They may be ‘pushed away’ or ‘pulled away’. 1.8 Pushed factors include: Problems at home – ranging from arguments with parents to long-term abuse or maltreatment. Family break-up – young people drawn into their parents’ conflicts are less likely to do well at school and more likely to truant or to run away from home. Mental health problems – a disproportionate number of young people who run away from home have mental health problems. Bullying – children/young people who are being severely bullied are more likely to run away from school and home or care. Teenage pregnancy – some young women run away or are forced to leave home because they become pregnant (or fear that they may be pregnant). They may also be in denial about their pregnancy, meaning that they are not getting the advice they need about pregnancy options. There is also a greater risk of pregnancy when girls run away, and those working with them need to ensure they have rapid access to confidential contraception and sexual health services to prevent unwanted pregnancies. 1.9 Pulled factors include: Running to be near friends or family – especially when a young person is in care and there are problems in contact arrangements with family and friends. Grooming for potential sexual exploitation or child trafficking – young people may run away or go missing following grooming by adults who will seek to exploit them. Involvement in illicit activities including substance and alcohol abuse, crime and anti-social behaviour 1.10 As well as short term risks, there are long term implications. For example, nearly half of the homeless young people at Centre Point1 ran away as children (Social Exclusion Unit (2002): Young Runaways). 1.11 Running away should be seen as a clear sign that something is wrong for the child/young person. A response must be made quickly and effectively. 1.12 Understanding why children go missing creates opportunities to identify intervention measures that can stop or minimize repeat incidents. A multiagency problem-solving approach will identify safeguarding issues related to going missing; assist in the identification of crimes and their investigation which may be linked to the causes of the child going missing; and any criminal or anti-social activity involving the child concerned. 1.13 The issue of young runaways remains a significant problem. This issue requires our very best attention if we are to protect our children from ruthlessly efficient predatory influences that exist within society and to help them avoid becoming socially excluded. 1 Centre Point is a charity that provides emergency accommodation, support, information and training to homeless young people in London. 2 Contact information 1.14 When any child is missing from home and there are concerns about their welfare, this should be reported to Wiltshire Police. All staff should be aware of their responsibilities under Working Together to safeguard children. 1.15 If you believe that any child in care is at immediate risk, this should be reported without delay to Wiltshire Police and the relevant children’s social care department. 1.16 However, if the child in care is not at immediate risk, contact is to be made with the relevant children’s social care department first before contacting Wiltshire Police: Telephone numbers Police Local Authorities Emergencies 999 Wiltshire 01225 713000 Non-emergencies 101 Wiltshire EDS (out 0845 60 70 888 of office hours) Swindon 01793 466903 Swindon EDS (out 01793 436699 of office hours) 3 2. Background 2.1 Between April ’12 and March ’13 Wiltshire Police received over 3100 missing person reports. Of these over 1400 related to missing episodes involving over 1000 people under the age of 18. 2.2 However, national research indicates that two-thirds of children who run away are not reported to police as missing, and even fewer as having run away 1. Why children go missing 2.3 2.4 Children always go missing for a reason. Research2 has identified the following risk factors that can precede a missing incident: Arguments and conflicts Conflict within a placement Poor family relationships Physical and emotional abuse Boundaries and control Step parent issues The immediate risks associated with going missing include: No means of support or legitimate income – leading to high risk activities Involvement in criminal activities Victim of abuse. For example, through sexual exploitation Victim of crime, for example through physical or sexual assault and exploitation 2.5 1 2 Alcohol/substance misuse Deterioration of physical and mental health Missing out on schooling and education. Increased vulnerability Longer-term risks include: Long-term drug dependency / alcohol dependency Crime Homelessness. Disengagement from education Child sexual exploitation and abuse. Source The Children’s Society Stepping Up (1999) Source The Children’s Society Stepping Up (1999) 4 Poor physical and/or mental health Self harming or suicide Pregnancy Unemployment 2.6 Sexual exploitation 2.7 Young people may run away or go missing following grooming by adults who seek to exploit them sexually. Evidence suggests that 90% of children/ young people subjected to sexual grooming go missing at some point. 2.8 The supply of drugs and alcohol or the offering of gifts may be used to entice and coerce children/young people into associations with inappropriate adults. Remember: both girls and boys are at risk of sexual exploitation. 2.9 Children/young people in care may also be targeted by those wishing to abuse and sexually exploit them. Encouraging them to run away is often part of this abuse. Young people living within residential care units are particularly vulnerable to being directly targeted in this way. 2.10 For more information on the exploitation of children see South West Child Protection Procedures (www.swcpp.org.uk). 2.11 Child Trafficking 2.12 372 Children were referred through the National Referral Mechanism as potential victims of trafficking in 2012. 2.13 About 60% of suspected child victims of trafficking who are in local authority care go missing and are not subsequently found. 2.14 The most prevalent form of trafficking in the EU is of children/young people for labour or sexual exploitation (NSPCC 2012) and sexual abuse. 2.15 Reports indicate that children or young people have been trafficked for: 2.16 Domestic servitude. Indoctrination into committing street crimes. Cannabis cultivation. Forced marriage. Benefit fraud. Other forced labour Remember: not all victims of trafficking in the UK are foreign nationals. Many UK born girls who are the victims of sexual exploitation are trafficked from their home towns to other towns and cities for the purposes of forcing them 5 into sexual abuse. It is not known how many children or young people fall into this category. 2.17 For information on child trafficking see South West Child Protection Procedures (www.swcpp.org.uk). 6 3. Definitions Child 3.1 A child or young person under the age of eighteen years. Missing or ‘young runaway’ 3.2 The terms ‘young runaway’ and ‘missing’ refer to children and young people (up to the age of 18) who have run away from their home or care placement, or who have been forced to leave, and whose whereabouts is unknown and the circumstance of this episode is either out of character or the context suggests they may be subject of crime or at risk of harm to themselves or others. 3.3 They are considered missing until they are located and their well-being is established. Absent 3.4 Where a child in care’s whereabouts is not where they are expected or required to be, including where their location is known or believed to be known, they will be considered absent. 3.5 Some children/young people absent themselves from home or care for a short period and then return. Their whereabouts: 3.6 Can be established through contact with family or friends. Are unknown, but the child/young person is not considered to be at risk. Any absence must be carefully monitored as the child/young person may subsequently become a missing person. This includes monitoring patterns of absent behaviour as this may suggest a risk. Absconders from Local Authority Care 3.7 An absconder is a child who is absent from the placement without permission and who is subject to a requirement or order resulting from the criminal justice process (e.g. curfews, tagging, conditions of residence, other bail conditions, PACE detention) or a secure order made in either civil or criminal proceedings. A child in this category must be reported missing to the police without delay. Unlawfully at Large 3.8 In a small number of cases, young people become ‘children in care’ because they have been remanded to local authority accommodation by the Youth Court, having been charged with a criminal offence. This is known as Remanded to Local Authority Accommodation (RLAA). The child may be placed in secure accommodation, but may also be placed in non-secure children’s home or foster placement. A child who goes missing when RLAA is unlawfully at large, and in legal terms has escaped custody. Looked After Child / Child in Care 7 3.9 A child is looked after by a local authority if they are “in care” by reason of a court order (Care Order s. 31 Children Act 1989 or Interim Care Order s 38 Children Act 1989), or if they are provided with accommodation for more than 24 hours by agreement with their parents or with the child if they are aged 16 or more (s 20 Children Act 1989). These arrangements also include hospitals and mental health units. 3.10 Children who are otherwise provided with accommodation by s 21 Children Act 1989. These include Police and Criminal Evidence Act transfers; children on remand; and children subject to a supervision order with a residence requirement. Accommodated 3.11 A child is accommodated if the Local Authority looks after them with the voluntary agreement of their parents or with the child if they are over 16 years old. Care Leaver 3.12 For the purposes of this protocol, a care leaver (age 16/17) should be treated as equally vulnerable to a child in care. A care leaver is defined by S23A(2) of the Children Act 1989 as a young person who has left care, is aged 16 or 17, and before s/he left care was in care for a period of 13 weeks, or periods amounting in total to 13 weeks, which began after s/he reached 14 and ended after s/he reached 16. Care leavers will have an allocated personal advisor rather than a social worker. Child Abduction 3.13 Where a child/young person has been abducted or forcibly removed from their place of residence, this is a ‘crime in action’. Report to police immediately. 3.14 This includes cases of parental child abduction, which may or may not be an offence, but never the less requires a police response and a multiagency approach to safeguarding. Forced Marriage 3.15 “A marriage in which one or both spouses do not (or, in the case of some adults with learning or physical difficulties, cannot) consent to the marriage and duress is involved. Duress can include physical, psychological, financial, sexual or emotional pressure”. 3.16 Forced marriage can lead to young women running away from home. Please refer to South West Child Protection Procedures. Children not receiving a suitable education 3.17 Children not receiving a suitable education are defined as “Children of compulsory school age who are not on a school roll, and are receiving no other suitable education, for example, at home, privately, or in alternative provision.” 8 3.18 Please refer to Swindon’s Children Missing Education Policy 2013 or Wiltshire Children Missing from Education 2008. Sexual Exploitation 3.19 “Sexual exploitation of children and young people under 18 involves exploitative situations, contexts and relationships where young people (or a third person or persons) receive something (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing, and/or other performing on them, sexual activities. Child sexual exploitation can occur through the use of technology without the child’s immediate recognition.; for example being persuaded to post sexual images on the internet / mobile phones without immediate payment or gain. In all cases, those exploiting the child / young person have power over them by virtue of their age, gender, intellect, physical strength and or economic or other resources. Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child or young people’s limited availability of choice resulting from their special economic and/or emotional vulnerabilities. Child Trafficking 3.20 The UN defines human trafficking as: “The recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.” 1 Refer to South West Child Protection Procedures. Grooming 3.21 Child grooming, in the context of this Protocol, refers to actions deliberately undertaken with the aim of befriending and establishing an emotional connection with a child, in order to lower the child's inhibitions in preparation for child sexual abuse. 2 . 3.22 Child grooming is also used to lure children into sexual exploitation prostitution 4 or the production of child abuse images 5 1 3 such as The Trade in Human Beings: Human Trafficking in the UK, The Home Affairs Committee, 6 th Report of Session 2008-2009. 2 http://en.wikipedia.org/wiki/Child_sexual_abuse 3 http://en.wikipedia.org/wiki/Sexual_exploitation_of_children 4 http://en.wikipedia.org/wiki/Child_prostitution 5 http://en.wikipedia.org/wiki/Child_pornography 9 3.23 The Sexual Offences Act 2003 1defines online grooming as: "A course of conduct enacted by a suspected paedophile, which would give a reasonable person cause for concern that any meeting with a child arising from the conduct would be for unlawful purposes."* 3.24 Often, adults who want to engage children in sexual acts, or talk to them for sexual gratification will seek out young people who desire friendship. They will often use a number of grooming techniques including building trust with the child through lying, creating different personas and then attempting to engage the child in more intimate forms of communication including compromising a child with the use of images and webcams. Child sex abusers will often use blackmail and guilt as methods of securing a meeting with the child. Police Protection Powers 3.25 Section 46(1) of the Children Act 1989 empowers a police officer, who has reasonable cause to believe a child would otherwise be likely to suffer significant harm, to: a) Remove the child to suitable accommodation and keep him/her there. Or b) Take such steps as are reasonable to ensure the child’s removal from any hospital, or other place, in which he/she is then being accommodated is prevented. 3.26 The child is considered to be in a police protection when these powers have been exercised by the police. This is not an order granted by the court so therefore should not be referred to as a police protection order. 3.27 Refer to 2008 Home Office Circular: The duties and powers of the police under the Children’s Act 1989 for details. 1 http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_1 10 4. Legislation and Statutory Guidance 4.1 Information Sharing: a Practitioners Guide, DCSF, 2008. It is lawful to disclose confidential information if it appears necessary to do so to safeguard a child in the public interest i.e. the public interest in protecting children may override the public interest in maintaining confidentiality. 4.2 The legal parameters within which missing person enquiries are conducted can be found in common law, international law and the provisions of the European Convention of Human Rights (ECHR). Some of the provisions of the ECHR have been given legal effect within the United Kingdom by virtue of the Human Rights Act 1998. 4.3 Data Protection legislation places certain conditions on the ‘processing’ of information classed as personal data. Data held for policing purposes should only be disclosed for such purposes. Adherence to this Agreement will therefore ensure compliance with the Data Protection Act 1998 and Wiltshire Police Data Protection policies. Data Protection legislation does not prevent Wiltshire Police and local authority working together to ensure the safe return of a missing Child. All organisations are registered for the purpose of protecting people and therefore for disclosing information for that purpose. 4.4 Children and young people who are missing or absent may be involved in the criminal justice system and under the supervision of the Youth Offending Service. As such they could be subject to legal provisions including under the Police and Criminal Evidence Act 1984, Bail Act 1976, Crime & Disorder Act 1998 and the Criminal Justice & Immigration Act 2008. For more information see Section 11. 4.5 Working Together to Safeguard Children 2013. 4.5 Statutory Guidance on Children who Run Away and Go Missing from Home or Care (DCSF, July 2009). Subject to review and consultation by DfE to conclude Sept 2013). 4.6 Safeguarding Children and Young people from Sexual Exploitation; DCSF, 2009 4.7 Multi-agency practice guidelines: Handling cases of Forced Marriage; HM Government, 2009 4.8 Collection of Missing Person’s Data: A code of practice for the Police Service on collecting and sharing data on missing persons with public authorities (Presented to Parliament pursuant to sections 39 and 39a of the Police Act 1996 (as inserted by section 2 of the Police Reform Act 2002)) 4.9 In order to analyse data to ensure the safeguarding of children who go missing, Wiltshire Police and Swindon and Wiltshire Children Services will agree: Data to be exchanged. Processes for exchange of data. Appropriate IT systems. 11 5. Scope 5.1 The protocol is designed for: All children living in the boundaries of the Wiltshire or Swindon local authorities. Children looked after by the Wiltshire or Swindon local authorities placed within children’s homes or foster homes (either local authority or independent) within the boundaries of Wiltshire or Swindon Local Authorities. Children looked after by the Wiltshire or Swindon Local Authorities who are living with parents or relatives and who are subject to a care order. Children looked after by another local authority who have been placed in children’s homes or foster homes (either local authority or independent) within the boundaries of Wiltshire or Swindon Local Authorities. 5.2 The Local Authority retains responsibility for children in care and placed outside the Local Authority boundaries. In these cases the Local Authority will require the placement provider to comply with these protocols and protocols local to their area. 5.3 Other Local Authorities placing children within 'the Local Authority' boundary will be required to comply with these protocols. It is the responsibility of the Wiltshire or Swindon Local Authorities to ensure that other local authorities with which they deal and independent service operating providers within their respective areas are aware of and comply with this protocol. 5.4 Local Authority Responsibilities should be monitored by, and supported by, the Local Safeguarding Children’s Board. 12 6. Principles 6.1 The safety and welfare of the child/young person is paramount. 6.2 “All children deserve the opportunity to achieve their full potential. We set this out in five outcomes that are key to children and young people’s wellbeing: Stay safe Be healthy Enjoy and achieve Make a positive contribution Achieve economic wellbeing” 1 6.3 This protocol should be read as guidance only and cannot anticipate every situation. Anyone working with children in a professional capacity should use their judgement to take whatever action is deemed necessary to protect and safeguard the child, based on an assessment of risk for each individual child. Where appropriate, advice should be sought from managers and child protection procedures followed as necessary. 6.4 Our joint aim is to reduce the incidence of all children going missing and/or absent. Children who go missing may place themselves and others at risk. Each missing episode is potentially serious. The reasons for their absence are often varied and complex and cannot be viewed in isolation from their home circumstances or their experiences of care. Every ‘missing’ episode should attract proper attention from the professionals involved, who must collaborate to ensure a consistent and coherent response is given to the child on his/her return. 6.5 When a child goes missing, our joint aim is to prevent that child suffering harm and to recover the child to safety as soon as possible. We do this by partnership working, information sharing, problem-solving and performance management. 6.6 Interventions are important in attempting to address repeat missing or absent episodes. 6.6.1 Interventions for children in care must be informed by and reflected in the placement information record and in the care plan. 6.6.2 Interventions must be informed by effective return interviews. 6.6.3 Children’s views and concerns will be taken seriously. 6.6.4 Interventions may be focused on the individual child, the child’s home, or by targeting ‘pull’ factors in the community. 6.6.5 Specific issues, risk factors and support requirements. 1 Chapter 1 Working Together to Safeguard Children HM Government 2006 13 6.6.6 Where there is concern that a child is at risk of child sexual exploitation the ‘CSE screening tool’ should be used (refer to LSCB CSE handbook for staff). 6.7.7 Individual young people regularly going missing should be discussed in multi agency risk management forums. 6.7 The wishes and feelings of children/young people must be taken into account in reaching any decisions about the provision of services which affect them. 6.8 The provision of services should always reflect the needs of children or young people according to their: Gender. Ethnicity. Religion. Sexual orientation. Any disability. 6.9 Child Protection Procedures will be initiated whenever there are concerns that a child/young person who is missing may be at risk of significant harm. 6.10 Parents / Carers play the most important role in safeguarding and promoting the welfare of their children. While professionals will need to take account of family circumstances in assessing and deciding how best to safeguard and promote the welfare of the child/young person, only in exceptional cases should there be compulsory intervention in family life, e.g. where this is necessary to safeguard a child/young person from significant harm. Such intervention should, provided this is consistent with the safety and welfare of the child/young person, support families in making their own plans for the welfare and protection of their children. 6.11 The local authority will report to Wiltshire Police any child in care who is missing under this protocol. 6.12 Wiltshire Police will also receive and record reports of children missing from their family homes. Particular regard must be given to children who are subject to a Child Protection Plan. 6.13 The Police will act on any report of a child missing. Where a child or young person is deemed missing a professional discussion will take place to agree actions and responsibilities. 6.14 The local authority and Wiltshire Police will provide an annual report to Safeguarding Children’s Boards on missing and absent children. 6.15 Wiltshire and Swindon Children Services and Wiltshire Police will put in place roles for the co-ordination and exchange of information. 14 7. Prevention strategy 7.1 Prevention must be at the core of all our thinking and actions if we are to deliver a truly child-centered approach to this work. 7.2 The Local Safeguarding Children Boards (LSCBs) expect all agencies and professionals working with children who are missing from home or care, or at risk of being missing from home or care, to disseminate this protocol to ensure that all members of staff are aware of it and how to use it. 7.3 The Protocol should be considered by professionals and agencies in all new and existing contacts with children. Together we will take steps to raise awareness, ensure improved responses and practice thereby delivering better outcomes for children. 7.4 Each member of staff from all organisations has a duty and responsibility to bring to the attention of relevant professionals any child who they consider to be in need or at risk. 7.5 This protocol will assist in developing robust responses to running away. This mirrors good practice already established across Wiltshire and Swindon. It should be used to engage partner agencies in developing preventative services for children and young people who are at risk of running away. 7.6 Early intervention is the best way of preventing young people from running away. Appropriately targeted arrangements will help identify cases of running early. It will provide the opportunity to address these issues and prevent escalation. However, in some cases even with early intervention support, children will still run away and therefore services and procedures will always be required. 7.7 It is important that parent’s and carer’s concerns are taken seriously when they report that their son or daughter has gone missing, even if they are over the age of 16. Fear that they may not be taken seriously may lead to parents not reporting their child as missing soon enough. 7.8 Strong partnerships between children’s services, the police, and the voluntary sector – and in the case of children in care, residential and fostering services – are vital to minimising the chances of children and young people running away again and preventing them coming to harm in the future. 7.9 The allocation of a Lead Professional, helps support better joined-up working. A prompt response by an appropriate agency has the potential to prevent a problem turning into a crisis. 7.10 The relevant Local Authorities and Wiltshire Police will monitor the missing and absent episodes of all children. This will be presented in a monthly performance report prepared by Wiltshire Police and shared with the relevant Local Authority. 7.11 The LSCBs will undertake an annual local needs analysis to identify specific local prevention measures to support the working protocol. Local Safeguarding Children Boards are charged with ensuring children and young people ‘stay safe from harm’ (Children Act (2004) Section 11.) 15 7.12 Wiltshire Police and the relevant Local Authority will operate an escalating system of interventions to reduce the likelihood of a child repeatedly going missing. 7.13 Local Authorities should monitor rates of missing children and completion of Missing Return Interviews in order to identify patters, trends and specific intelligence issues about where young people might be running to/from and who they are associating with. This intelligence should be collated and pooled across key multi agency partners: Police; education; Children Services; YOT; CAMHS in particular. 7.14 The LSCB is of the view that a Missing Return Interview (MRI) should be completed in every case where a child has gone missing and subsequently been found/returned home. This is more than an administrative exercise. It is effective practice as MRI’s provide meaningful information and intelligence which can keep children safe. 16 8. Police powers 8.1 Vulnerable children who go missing will place themselves at risk of additional harm and often associate with adults and become involved in sexual abuse, and alcohol/drug misuse. 8.2 Often parents, carers and those responsible for their welfare will know where the child has been staying but feel powerless to prevent the adult in question from harbouring the child because there is lack of proof of any crime having been committed. Furthermore, the main witness, the child, will not engage with them. 8.3 Wiltshire Police have significant powers to safeguard vulnerable children. These include powers to enter premises, to recover children and to make “Police Protection Orders” under s46 The Children Act 1989. 8.4 When a missing child is found or known to have been in company with an adult during any missing episode, and there are grounds to suspect that an offence has been committed by that adult towards that child, the incident will be taken seriously throughout the process of reporting, investigation and provision of follow up care. In any child-related investigation the priority of Wiltshire Police is the safety and well being of the child. 8.5 Wiltshire Police will take positive action against any perpetrators, hold them accountable for their actions and refer to CPS where appropriate. 8.6 It is recognised that children who have been the victim of a serious offence may not always see themselves as victims or be willing to assist in the investigation, particularly in the early stages. Likewise those others who have been used for criminal purposes may not be willing to assist Wiltshire Police. 8.7 A complaint from a victim is not required to make an arrest. Usually reasonable suspicion is enough to arrest. When an offence has occurred and a power of arrest exists, the offender should normally be arrested provided the requirements of Code G of PACE ’84 are made out. 8.8 Without prejudice to the welfare of any child, the Local Authority will support Wiltshire Police in taking appropriate action against those who commit crimes against children and/or involve children in their offending behaviour. 8.9 Wiltshire Police will also use powers contained within the Child Abduction Act 1984 and the Children Act 1989 to safeguard children. The support of the parent/person with parental responsibility will always be obtained. In the case of a child in care this will be a representative of the relevant Local Authority. 8.10 Wiltshire Police; Wiltshire Council and Swindon Council Child Services Departments have agreed a joint policy and procedures in relation to Abduction Warning Notices. 17 9 Children missing from home (including those subject to a child protection plan) Responsibility of parents/carers with parental responsibility 9.1 There is an expectation that parents/guardians will report to Wiltshire Police if their child is missing or absent. 9.2 Failure to do so will warrant further investigation as there may be further safeguarding concerns. This should be raised as a child protection issue and the relevant Child Protection Procedures must be followed. 9.3 Running away from home should be seen as an indicator of underlying problems which may need further intervention. Some young people who run away from home will be ‘children in need’ and therefore entitled to services provided by the local authority or local voluntary agencies. These services might include advice, guidance and counselling for the young person and for their families. 9.4 Parents and those with parental responsibility are expected to undertake the following basic measures to try to locate the missing child if considered safe to do so. Anyone else who has care of a child without parental responsibility should take all reasonable steps to locate the child and ascertain their safety. 9.5 It is expected that Wiltshire Police will be informed without delay when a child goes missing. Before a child is reported missing the following actions should be undertaken: Search bedroom/ accommodation/ outbuildings/vehicles Contact known friends and relatives where child may be Visit locations that the child is known to frequent, if it is possible This may influence whether a child is initially deemed absent or missing. 9.6 Anyone who has care of a child without parental knowledge or agreement should also do what is reasonable to safeguard and promote the child’s welfare. In these circumstances, they should inform Wiltshire Police, Children’s Services and the parents of their whereabouts and safety. If this is not complied with, Wiltshire Police will consider taking legal action under the Child Abduction Act 1994 or The Children Act 1999, if it is appropriate. 9.7 Anyone who “takes” or “detains” a child under 16 years old without lawful authority commits an offence under s2 of the Child Abduction Act 1994 and may be prosecuted. Anyone who “takes”; “detains” or “induces, assists or incites such a child to run away or stay away” from the responsible person commits a similar offence under s49 the Children Act 1999. There are specific defences relating to parental responsibility etc so whether this is applicable will depend on the particular circumstances and it should not be assumed this will apply in all cases. 18 9.8 Children under the age of 16 years old are not legally considered as being able to live independently. For children over the age of 16 years old, consideration should be given to their legal status, physical and emotional needs when making a judgment as to whether they can live independently. 9.9 For those children who continue to live at home but are subject to ongoing Child Protection Plans, it is essential that early consultation takes place between Wiltshire Police and the relevant Children Services Department. Responsibilities of All Agencies / Members of the Public 9.10 If it comes to the attention of any agency that a child is missing, they must advise the parent/carer of their responsibility to report this matter to Wiltshire Police. They also need to advise the parent of the agency’s duty to ensure that the matter is reported to Wiltshire Police and if necessary follow this up by contacting Wiltshire Police to verify that the child has been reported missing. 9.11 The consent of a person with parental responsibility will be sought for a photograph to be used in any subsequent missing person investigation. Threshold for Referral to Children’s Social Care 9.12 A notification should be made to social care to consider in relation to every child missing or absent. 9.13 Any agency should refer a child they believe to be missing or absent. 9.14 In the following circumstances, a referral must be made to the relevant children’s social care for any child: Deemed to be at high risk Missing for 24 hours or more Where there are concerns about sexual exploitation, or any other situation which indicates that a child is subject to, or at risk of, significant harm Threshold for carrying out CAF / Other assessment 9.13 A CAF or other relevant assessment should be completed where there are concerns about a child, who has returned from a missing episode: Is not known to children’s social care. and Does not meet the thresholds indicated in 9.12. but Would benefit form a multi-agency package of support to prevent further episodes of going missing. 19 9.14 For the responsibility for carrying out the CAF/Assessment, please see local procedures for Swindon and Multi Agency Thresholds Documents. Responsibilities of Police 9.15 For responsibilities for children missing from home please go to: Section 15, Role of Wiltshire Police Children subject to a Child Protection Plan who go missing. 9.16 Children/young people who are subject to a Child Protection Plan or who are subject to Section 47 Enquiries (Children Act 1989) need additional action to that required for other children or young people 9.19 It is the responsibility of the child/young person’s social worker to make sure that a Strategy Meeting (chaired according to local procedures) is arranged as soon as is practicably possible, but in any event within 7 days if the child/young person is still missing. 9.20 Relevant representatives from the Police should attend the strategy meeting, as well as other practitioners involved with the child/young person, particularly the Core Group. 20 10. Children missing from care 10.1 This protocol applies equally to children in care and care leavers who are under 18. Even though a young person under 18 is no longer in care they should be treated as vulnerable as a child in care. 10.2 Children in care depend on the local authority to act as a responsible corporate parent. The local authority must: Assess their needs. Ensure they receive appropriate support and services. 10.3 The most effective way of minimising the likelihood that a child or young person is motivated to run away is the provision of the most suitable placement based on the needs of the individual child. 10.4 It is important to recognise that given the vulnerability of some children in care, it may be necessary to take additional measures to ensure that they are effectively safeguarded and protected from exploitation. 10.5 Where young people are missing from their care placements, it is essential that the involved professionals work closely together to respond in a timely way and follow locally agreed procedures to locate the young person as quickly as possible. 10.6 Once the young person is located: 10.7 It is essential to assess their needs so that they can be referred for appropriate services-which might include independent advocacy and support. It may also be necessary to convene an urgent child in care review to amend the Care Plan accordingly to address the young person’s needs. It is the responsibility of the local authority, in partnership with the police and other agencies, to analyse ‘missing from care’ incidents. If trends are identified, for example, patterns of going missing from particular residential homes or patterns across the local authority –then all necessary steps must be taken to minimise the likelihood of children/young people going missing in the future. Prior to Admission to placement 10.8 When a child or young person becomes looked after, the views and experiences of parents or carers should be taken into consideration during the core assessment of the child/young person’s needs. In particular, parents or carers should be asked if the child/young person has ever run away or stayed in unknown, possibly unsafe, places. 10.9 Before a child/young person is placed in a residential home or foster placement, consideration needs to be given to any relevant factors regarding the child/young person’s previous behaviour and history which indicate a potential risk of the child/young person going missing from their placement. 21 Care Planning 10.10 Each child in care has a care plan based on a full assessment of the child’s current and future needs, including potential risk to self or others. 10.11 The care plan will take into account any risk that the child may go missing in the future and any factors which may increase the risk to the child should they go missing. 10.12 Children’s residential and fostering service staff should contribute to this assessment. All information regarding expectations of how the child’s needs will be met should be included in the placement information record and in the child’s care plan. This should include the possibility that the location of the child’s placement may increase the possibility of their absconding. 10.13 It may be appropriate for the Local Authority to consult with Wiltshire Police to share information from the care plan and placement information record that may be of relevance in order to safeguard the child. 10.14 The care plan will remain in the possession of the Local Authority. It is not a public document. It is not envisaged that Wiltshire Police will need to view the care plan at any time. However, there may well be circumstances when it is necessary to involve Wiltshire Police in aspects of the care planning process to safeguard the child. 10.15 Where a child/young person has gone missing from their placement, then their statutory review will provide an opportunity to check that their care plan has been appropriately amended to address the reasons why the child/young person was absent and ensure a strategy is in place to prevent reoccurrence should the child go missing in the future. 10.16 This strategy should be discussed and, as far as possible, agreed with the child/young person. It should also include detailed information about the responsibilities of all parties (the child’s social worker and other staff in the local authority, the placement provider, the child, their parents, and other adults in the child’s family network and other agencies. 10.17 The strategy to prevent reoccurrence should also set out a consistent plan to be followed with explicit roles and responsibilities assigned to the professionals involved in caring for the child/young person should they run away again. 10.18 Should a child go missing, it is vital to the safe recovery of the child that a recent photograph of the child is made available. The photograph must be a good likeness of the child. Most commonly the photograph will be used by local police officers to help them recognise the child when patrolling or when actively looking for the child at relevant locations. In very serious cases, where the child is believed to be at severe risk, Wiltshire Police and local authority may decide to use the photograph more widely and even involve publishing the photograph to national or local media. The lack of a current photograph in such circumstances restricts opportunities to safeguard the child. 10.19 In respect of a child in care, a recent photograph bearing a good likeness to the child will be kept on record by the Local Authority. When a child is admitted to care the consent of a person with parental responsibility will be 22 sought for a photograph to be used in any subsequent missing person investigation. If possible, the agreement of the child should also be gained. However, the absence of permission from the child or their parents will not, in itself, be a reason not to release the photograph. 10.20 Most young people will have a mobile telephone. These can be a crucial link to the child should they go missing. Efforts should be made to obtain the numbers of all mobiles held by the child. Children should also be encouraged to register their phone details at www.immobilise.com in case the phone is stolen. 10.21 Children are comfortable using the internet but, along with the benefits it brings, there are also dangers involved with the internet. Social networking sites, such as Facebook, etc., are popular with the young people, therefore local authorities should ensure that foster carers and staff at residential units have a good awareness of the work and advice of the Child Exploitation and On-Line Protection Agency (CEOP) who provide excellent on line lessons for different age groups and police the internet. 10.22 The residential unit manager/foster carer should consider the most appropriate ways to meet the above requirements and whether it is necessary and appropriate to discuss ‘running away’ with the child. When child/young person in care goes missing 10.23 Where young people are missing from their care placement it is important for all involved professionals to work closely together to respond to the incident in a timely manner and follow agreed procedures to locate the young person as quickly as possible to ensure their safety. 10.24 Whoever discovers that a child/young person is absent from a foster home or residential unit immediately informs the child/young person’s social worker or Emergency Duty Service (out of hours) and/or the Residential Unit Manager or Shift Leader. 10.25 Where the child is absent and there is a level of risk then the foster carer or residential worker should report to the police immediately. 10.26 Where the child/young person is an absconder or is unlawfully at large the foster carer or residential worker should report to the police immediately. 10.27 The Local Authority will ensure that sufficient knowledge and information about the child is recorded to enable carers to provide police with the fullest possible background and enable the completion of a dynamic risk assessment in consultation with the relevant Children’s Services (or Emergency Duty Team (out-of-hours)) and an assessment as to whether they are absent or missing. 10.28 The person reporting the child missing will ensure that the fullest possible information is provided to Wiltshire Police. Every effort is to be made to ensure the accuracy of the information to support the risk assessment. Factors to Inform the Risk Assessment. 23 10.29 In deciding the level of risk, all staff must consider the circumstances of the child and their absence. This will include detailed consideration of: The circumstances of the absence. The child’s care plan. The age of the child. The maturity of the child. Any physical or cognitive disability of the child. Any continuing or urgent need for child to have medication or other medical treatment. The legal status of the child. Previous behaviour and history of the child. Danger posed by the child to themselves or others. General vulnerability of the child. The child’s tendency to drug/substance abuse. Whether the child is perceived as running to, or running from, someone or something. Any circumstances within the placement, say with carers or other residents that may be relevant to the absence. The risk of offending. The influence of peer groups, families or friends. Predatory influences on the child. These may relate to others wanting to use the child for crime, sex or drugs. Any known risk of abduction. Environmental factors including weather, time of year, community events or tensions. 10.30 Whilst there can be no substitute for a considered judgement, based on a sound assessment of the child and the circumstances, it is the purpose of this framework to assist carers and professionals to structure their thinking with regard to the absent or missing assessment. 10.31 This decision should not be taken in isolation, residential staff should consult with the senior member on duty and foster carers should liaise with the child’s social worker or Emergency Duty Service staff. The situation should be kept under constant review and changes in circumstances taken into account. If the child is receiving support from CAMHS professionals, Educational Psychologists and so on, it may be advisable to discuss the case with them. However, if they are not readily available a decision must be made on the basis of the best available information. In cases of doubt it may also be appropriate to discuss the case with a local police supervisor. Where it is relevant to do so or the assessment suggests such, the child sexual exploitation screening tool should be completed in respect of specific 24 young people who are going missing. Referral should also be considered to local multi agency risk management panels. Guidance in respect of this can be found in the appropriate LSCB CSE staff handbook. 25 Absent 10.32 Clearly some children absent themselves for a short period and then return, with their whereabouts known to the carer. Sometimes children stay out longer than agreed, either on purpose to test boundaries, or accidentally. Examples of situations where unauthorised absence will apply are: Running away after a dispute. Failing to return on time Staying at a known location with a friend. 10.33 Where, initially, the professionals should: assessment indicates an absence all involved Take all reasonable and practical steps which a good parent would take, to secure the safe and speedy return of the child/young person e.g. visiting addresses where the child/young person may be or telephoning around known friends. Continually assess risk whilst they remain absent. During their absence circumstances may change and the Social Worker/Emergency Duty team and the Residential Staff/Foster Carer need to be in a position to respond accordingly. Keep the child/young person’s parents informed unless there are good reasons connected to the child/young person’s welfare for this to be inappropriate(e.g. young people running away from threat of forced marriage) Child/young person’s whereabouts known 10.34 If the child’s whereabouts are known or suspected, the Local Authority staff will decide whether to allow the child to remain at that location, albeit temporarily, or to arrange for their return. If the decision is to arrange their return and there is reason to believe that there may be issues of safety or public order difficulties, Wiltshire Police will assist. Wiltshire Police assistance in these circumstances does not necessarily mean that the child is categorised as missing. Each such occurrence needs to be evaluated based upon the factors mentioned in 10.29 and upon other information gleaned from the child, friends, family and associates. 10.35 Consideration should be given to approaching the courts for a Recovery Order. ‘Missing’ Children and young people in care 10.36 Each case must be decided on merit and a formal missing person report to Wiltshire Police may be actioned earlier in some circumstances than in others. Indeed for a small number of young people it may be appropriate to immediately report them as a missing person. Normally this will have been previously agreed as part of the Care Plan because of the Child’s vulnerability. 26 10.37 A consultation will take place to agree the risk factors and decide if the child / young person is missing or absent. 10.38 The fact that the Child may have gone missing on a number of previous occasions does not reduce the risk. Children who are described as being “streetwise” will place themselves in positions of danger as they do not properly assess the risks to themselves and others. In fact, children who repeatedly go missing are often being enticed away from their placement by activities that they see as exciting or by predatory influences. Furthermore, short absences may be as risky as lengthy ones. (see 10.31) 10.39 A flow chart outlining the process to be adopted when the whereabouts of a looked-after child is unknown is attached. 27 11. Missing children and the criminal justice system 11.1 Children and Young People who are missing or absent without authorisation may be involved in the criminal justice system and the Youth Offending service. See 4.4. 11.2 These legal provisions have the power to require children and people to reside at specified addresses and can prohibit them contacting specified people or going to certain locations. These measures can be used to support securing the child’s whereabouts and help prevent further episodes of absconding or unauthorised absence. See also 3.7 and 3.8. 11.3 If a child or young person breaches their Police or Court Bail conditions of residence they become ‘arrestable’ and will be detained by the police and produced to the next available court. In such cases, liaison with the Youth Offending Service should be made to report any unauthorised absences and manage the ‘breach’ to secure the welfare of the child. 11.4 Where children and young people are subject to Youth Court orders such as a Referral Order, Youth Rehabilitation Order (YRO) or Detention & Training Order (DTO), they are required to advise their Youth Offending Team (YOT) Officer of any significant change in their circumstances, including changes of residence. Any overnight or other unauthorised absence over 24 hours would constitute a breach of the requirement. YOT Officers will consider what action to take. In a case where a young person’s vulnerability and/or risk to the public is high a Court Warrant can be applied for which renders the child arrestable and detainable by the Police. 11.5 In addition the general requirements outlined above, specific requirements can be made to the YRO (and DTO licence). These include: 11.5.1 Supervision requirement whereby the child must attend appointments with their YOT Officer - or other person the court approves - ‘at such times and places as may be determined by the YOT Officer’. 11.5.2 Curfew requirement that the ‘offender must remain, for periods specified in the order, at a place ‘so specified’. This is ordinarily the child’s place of residence. 11.5.3 Electronic Monitoring requirement. This is usually made in tandem with a Curfew requirement and can be made to enforce an Exclusion requirement (see 11.5.4) 11.5.4 Exclusion requirement. This is a provision prohibiting ‘the offender from entering a place specified in the order’ 11.5.5 Intensive Supervision and Surveillance requirement (ISS). This is a direct alternative to a secure remand or custodial sentence, providing intensive supervision programme of 25 hours per week, Curfew and Electronic monitoring. 11.5.6 Education requirement that ‘the offender’ must comply with approved educational arrangements. 11.6 DTO (and other custodial sentences) Licences used to enforce the community phase of these sentences are produced by the secure establishment and additional requirements added on the recommendation of the responsible YOT officer. These can include all the above. 28 11.7 Such requirements are proposed to the court by the YOT Officer who has the responsibility to enforce them if the Court is minded to include them in the YRO. The responsible YOT Officer has the final say in enforcement action and will base their decision balancing proportionality, risk to the public and the welfare of the child. Such decision making will benefit from close partnership working to safeguard and protect vulnerable children who go missing or are absent without authorisation in immediate circumstances and as a response in planning for potential future events. 11.8 For more information about missing children involved in the criminal justice system access the YJB (Youth Justice Board) website or Ministry of Justice website. 29 12. Children and Young people who go missing from hospitals. 12.1 Children who are receiving treatment for their physical or mental wellbeing and go missing from hospital must be considered to be at risk. Therefore, it is essential that Wiltshire Police are contacted without delay to commence a missing person enquiry. 12.2 Particular concerns and risks should be considered if a parent removes their child / children prior to treatment as this may prejudice their health and identify child protection concerns. 12.3 If the child is subject to a care order the relevant Children’s Services Department must also be contacted without delay. 12.4 The health care professional making the report must be in a position to provide full information to inform the police’s risk assessment process. When the child is located 12.5 Make contact with the relevant health care unit from where the child is missing. 12.6 Returned the child to the relevant health care unit for re-assessment by the relevant clinician. 12.7 If police officers encounter resistance on the part of the child or parent to return they should consider their powers under s46 of the Children Act 1989. 30 13 Unaccompanied Asylum Seeking Children who go missing 13.1 Unaccompanied Asylum Seeking Children are provided with services under section 20 (Children Act 1989) and are Children in Care. 13.2 If an unaccompanied asylum seeking child goes missing, then follow the children missing from care procedures. 13.3 They are all registered on the National Register of Unaccompanied Asylum Seeking Children (NRUC). Report any child who goes missing to the register. 13.4 Some of the unaccompanied asylum seeking children may have been trafficked into the UK and potentially remain under the influence of their traffickers, even whilst they are in care. 13.5 The assessment of need to inform the Care Plan will be particularly critical in these circumstances. The assessment must seek to establish: Relevant details about the child’s background before they came to the UK An understanding of the reasons that the child came to the UK An analysis of the child’s vulnerability to remaining under the influence of traffickers. 13.6 It will be necessary for the local authority to work in close cooperation with the UK Border Agency(UKBA) who may be familiar with patterns of trafficking into the UK. 31 14 Roles and responsibilities: children in care who go missing Responsibilities of Carers/Residential staff 14.1 The National Minimum Standards for fostering services and for residential units and the statutory regulations relating to these, require providers to have explicit policies and procedures in place which must be followed whenever a child/young person is missing from their care placement without authority (Residential units Regulations 2001, Fostering Regulations 2002) These are currently being revised in order to ensure compatability with local RMFHC protocols. 14.2 Managers of children’s residential units are expected to maintain records of each occasion when a Child/young person in Care is identified as missing or having taken unauthorised absence. These records are liable to inspection under the Children Act 1989. 14.3 Where a child/young person is late home, the first response by residential staff and foster carers, along with any relevant staff from their responsible authority, (which could include the child’s social worker (EDS out of hours)) will be to take all steps a responsible parent would take, to try to locate the child and to make a careful assessment in accordance with 12.29. 14.4 Instances of absences should NOT be reported to Wiltshire Police unless risk factors are identified that may make the individual missing.. 14.5 The responsibility for managing absence lies with the staff of the residential home or carer, in consultation with the relevant Children’s Services Department. 14.6 If the assessment of the carer is that there is no apparent risk for the child/young person’s immediate safety but they are away from home without permission, it is still important that staff/carers record these incidences as absence in the child’s record. 14.7 In addition to this staff/carers should always start a dated/timed record of their contacts, risk assessment and decisions throughout the episode from the point that they are aware of the child’s absence, in case the level of risk changes and the decisions are auditable. 14.8 Where a child or young person is absent the risk assessment should be regularly reviewed and any information that suggests an increase in risk should formally be reported to the police for consideration of escalating them to missing. 14.9 It will not be appropriate for any child whose whereabouts are not known and who cannot be contacted, to remain out overnight, without being formally reported to the police. In these circumstances all reasonable enquiries to trace the missing child should be undertaken before they are reported recognising that after a professional discussion they may remain classified as absent. 14.10 Unless previously agreed with Wiltshire Police as part of the child’s care plan or, in emergency situations, no looked-after child will be reported missing until consultation has been undertaken by the carer/staff with the relevant 32 children’s social care department (or relevant Emergency Duty Service out of hours). For telephone numbers, see page 6. 14.11 However, If the carer assesses that the child is at risk due to any factor/s known to the carer, then the child should be reported missing without delay and the assessed risk communicated to Wiltshire Police and the relevant children’s social care department (i.e. the responsible local authority). Reporting a child as missing 14.12 Reporting a young person missing involves providing detailed information to Wiltshire Police either by telephone or personal attendance at a police station. The relevant telephone numbers are: Non-emergency reports 101 Emergency reports 999 14.13 It is important that the carer makes it clear to Wiltshire Police that they are reporting the child as missing. The carer should always ask for, and record, a police log reference number. Wiltshire Police will record all cases on the Storm command and control system. A professional discussion will take place between the call taker and reporter to identify any risk factors, following which a decision will be made as to whether the individual is considered missing or absent. 14.14 If the child is considered absent a series of actions and responsibilities will be agreed, including time parameters for further review. It is likely these actions will be the responsibility of the reporting person / agency. 14.15 If the child is considered missing it will lead to a proactive police investigation managed locally by Wiltshire Police on their Missing Person database. Moreover, the individual will be circulated nationwide via the Police National Computer System. 14.16 Whenever a child/young person goes missing from a residential unit or foster placement the foster carer or the manager on duty in the residential unit must ensure that the following individuals and agencies are informed: The local police The responsible authority for the child’s placement. Notification is likely to be by phone initially followed up by email/written confirmation. It will not be enough just to notify the social worker. The registered manager of the residential unit or the fostering service are responsible for ensuring that the accountable manager in the local authority has received notification and has initiated appropriate actions. Parents/others with parental responsibility. They must be informed as soon as possible unless there are good reasons connected with the child/young person’s welfare for this to be inappropriate (e.g. young people running away from threat of forced marriage or other safeguarding issues). 33 If parents are not informed, reasons for the decision not to inform should be clearly recorded on the child’s file by the child’s social worker. 14.17 Agreement must be reached between the carer/social worker as to which professional will be responsible for informing the parents. The following must be clearly recorded by the child’s social worker on the child’s file: When the parent was informed. What information has been given. If no information given, why not, and who made the decision. 14.18 Carers /residential staff are responsible for liaising with Wiltshire Police, taking an active interest in the investigation and passing on all information, which may help to inform the investigation and assist in protecting the child while absent. 14.19 Should a child/young person’s absence continue: The Residential Unit Manager makes arrangements to inform all children or young people and staff within the unit. Foster carers talk to any other foster children they may have placed with them. 14.20 Carers/residential staff should continue to make appropriate enquiries with other residents or by telephone with all persons who may be able to assist with the investigation unless they are requested not to do so by Wiltshire Police. All information gleaned from these enquiries should be passed to Wiltshire Police. 14.21 Throughout the process in this protocol, residential staff and foster carers must keep a full record of all actions taken and messages received and given. 14.22 It is the responsibility of children’s residential units supply monthly information to Ofsted about children or young people who have gone missing. 14.23 Residential unit staff and foster carers must be offered support, supervision and training so that they understand the importance of following this protocol and related procedures and to develop skills and strategies to enable them to divert young people from going missing. 14.24 If at any time an increased risk to the child is identified this must be reported to the police. 14.25 When a missing or absent child is subject to a court order, such as curfew or bail conditions police must be made aware of the order and the expiry date. The child can then be classified as an absconder (and may be arrestable). If the expiry date of the order is not known, the child may be classified as missing or absent, not an absconder. Relevant paperwork must be made avalable to the police. 14.26 When a missing / absent child was in local authority accommodation because they were remanded by the youth court for committing an offence (Remanded 34 to Local Authority Accommodation – RLAA), they must be reportde to the police immediately as they are unlawfully at large and in legal terms have escaped from custody. The investigating police officer will need to liaise with an appropriate officer in the local Youth Offending Team. If there are also safeguarding issues then these must be investigated as for any other missing person. 14.26.1 If the child has been remanded to local authority accommodation with no conditions the police will return them to the address they were remanded once found. 14.26.2 If the remand to local authority accommodation has conditions attached, and these conditions have been breached, then once they are found they may be held in custody for the next available court or returned to the address they were remanded to. Responsibilities of the Local Authority 14.27 The Local Authority will ensure that sufficient knowledge and information about the child is recorded to enable carers to provide police with the fullest possible background and enable the completion of a dynamic risk assessment in consultation with the relevant children’s social care department (or Emergency Duty Team out-of-hours) should the child go missing or be absent. 14.28 After a child has been reported missing, the local authority remain responsible for the child in their care. This responsibility is not absolved when the child has been reported missing to Wiltshire Police. 14.29 The child’s social worker (or the relevant EDS out of hours) will be responsible for liaising with Wiltshire Police, taking an active interest in the investigation and passing on all information, which may help to inform the investigation and assist in protecting the child while missing. 14.30 The child’s social worker should continue to make appropriate enquiries with all persons who may be able to assist with the investigation unless they are requested not to do so by Wiltshire Police. All information gleaned from these enquiries should be passed to Wiltshire Police. 14.31 Throughout the process in this protocol, the child’s social worker must keep a full record of all actions taken and messages received and given. 14.32 When a child has been missing for a period of 48 hours the social worker must inform the relevant senior manager as per the local authority procedures via the usual line management route. Local Authority’s responsibility for reporting regarding Children in Care 14.33 Every local authority should have a named person with responsibility for children missing from care. 14.34 In Swindon this is the Manager of Safeguarding and Quality Assurance. 14.35 In Wiltshire this is Head of Children in Care Services. 35 14.36Social workers must inform the Named Person of all children or young people who go missing from care. S/he must ensure that details are recorded on ICS. 14.37 Responsibility to ensure there is analysis based on gathered information lies with: In Swindon: Head of Safeguarding. In Wiltshire: Head of Safeguarding (Operations) Communication with other agencies 14.38 When a child goes missing from their placement it is important that information is shared appropriately with partner agencies involved with the child in order for them to provide relevant information and to contribute to the overall risk assessment. 14.39 Always inform the child’s school. They may have valuable information which would assist in establishing his/her whereabouts. Pass any such information immediately to the Police. Placements out of area 14.40 For children and young people placed out of area, the authority who placed the child (the responsible authority) has the responsibility of ensuring the child/young person has access to support services available to meet their needs. 14.41 Care providers also have similar responsibility to ensure that the children and young people they care for have their needs appropriately met by the use of local support services. 14.42 The support to be offered to the child/young person should be clearly recorded in the placement information record and should match the information about the child/young person’s needs included within their Care Plan 14.43 Where a child/young person placed out of their local authority area (i.e. in a placement in another local authority) goes missing, the placement provider1 is responsible for following both the local Regional Missing From Home and Care (RMFHC) protocol: In the area of the placement. and Of the local authority who placed the child/young person. 14.44 It is possible that the child will return to their home area, so it is essential that the necessary liaison between the police and professionals in the area of placement and in the responsible authority is well managed and coordinated. This will ensure that the issues of logistics and/or distance do not delay or interfere with the actions of planning to locate the child/young person. 14.45 If a child goes missing from placement, the responsible authority who placed the child must notify the host local authority and both police forces, i.e. the police force local to where the child is placed and the ‘home’ police force. 1 This could be a residential unit or a foster carer. 36 Responsibilities of Wiltshire Police 14.46 For responsibilities of Wiltshire Police for children missing from care, please see Section 15, Role of Wiltshire Police 37 15. Role of Wiltshire Police (children missing from home and care) 15.1 Upon receiving a report of a child being missing from home or care, Wiltshire Police will conduct a professional discussion with the reporting person to consider any identified risk factors and determine whether the child is missing or absent. 15.2 Once a child is considered missing Wiltshire Police will have primacy in respect of the investigation to trace the child and carry out enquiries (which are proportionate to the perceived risk) aimed at locating the child as soon as possible. 15.3 Whilst the decision to categorise a child in care as ‘missing’ or ‘absent lies with the Wiltshire Police and the subsequent decision about the risk level lies with Wiltshire Police. In making both decisions, dialogue between carers, children’s social care and police is paramount. Any disagreement should be documented and escalated to a more senior manager if appropriate. 15.4 A risk assessment based upon the question set supplied by the National Policing Improvement Agency (NPIA) will be carried out for each individual on every separate occasion they are reported missing to Wiltshire Police. 15.5 If deemed missing the Initial Risk Assessment (IRA) will be conducted by the Force Operations Room Inspector. This IRA will inform the police response and categorise the report in accordance with the NPIA risk category definitions which are: Risk Level High Definition The risk posed is immediate and there are substantial grounds for believing that the subject is in danger through their own vulnerability, or may have been the victim of a serious crime, or the risk posed is immediate and there are substantial grounds for believing that the public is in danger. Medium The risk posed is likely to place the subject in danger, or they are a threat to themselves or others. Low There is no apparent risk of danger to either the subject or the public. In Wiltshire and Swindon, . 15.6 For any child who is deemed to be a High Risk then there must be early consultation between Wiltshire Police and the relevant children’s social care department (Area Team or Emergency Duty Service). This will be undertaken by either the Force Operations Room Inspector or the local Duty Inspector for the relevant policing area. 15.7 Following attendance and completion of mandatory initial investigation actions the Initial Investigating Officer will complete a Detailed Risk Assessment based upon their enquiries. This DRA will be referred to a supervising officer for review within prescribed time frames. However, while the completion of DRAs is important in forming the appropriate investigative resource response, 38 they should not deflect police officers from the most important task of locating and safeguarding the child. 15.8 Children who have gone missing may come to the attention of Wiltshire Police in a variety of circumstances. Where Wiltshire Police locate a child who they believe may be missing, although not officially reported, assessment and enquiries based on the child's account of the circumstances will be made. These should include checks of Police systems as well as enquiries at the home address and with partner agencies. In the event that a missing child has not been reported by parents/carers this should trigger further enquiries and assessment by Wiltshire Police and other relevant agencies in accordance with safeguarding procedures. 15.9 If enquiries identify risk factors at the home address safeguarding procedures will be implemented. If Wiltshire Police decide not to return the child to the home address options are to be discussed with Children's Services to identify suitable responsible adult(s) and/or accommodation. (Emergency Duty Team to be contacted after hours) Police information systems will always be checked. If appropriate the child is to be subject to a ‘Police Protection Order’ in accordance with s46 The Children Act 1989. 15.10 When a missing child is found who is subject to a court order, such as curfew or bail condition, or was remanded to local authority accommodation, in certain circumstances they can be arrested. The investigating police officer will need to liaise with an appropriate officer in the Youth Offending Team. Recording 15.11 A Storm (Command and Control) log will be opened on all occasions when a child is reported to Wiltshire Police. If considered missing the Communications Operator will then create a new record on the Missing Persons System. The Storm log will remain open until the Missing Person System is fully updated and responsibility for the enquiry formally passed to a local operational supervisor or, the child is located safely. The Storm log will only be closed with the authority of the Force Operations Room Inspector or Supervisor. All enquiries will then be recorded on the Missing Person System. 15.12 Creation of a Missing Person System report will automatically generate a ‘missing’ entry on the Police National Computer. 15.13 If considered absent this will be managed on the Storm log. 15.14 For flowchart of Wiltshire Police procedure for dealing with a missing or absent child. Sharing Information 15.15 Wiltshire Police will receive reports about children missing and record them in accordance with locally agreed procedures. All reports of children will be sent automatically to the children’s social care department of the relevant local authority. Local procedures for Wiltshire and for Swindon children’s social care will be contained in supporting documents when agreed. 15.16 Wiltshire Police will notify the relevant childrens social care department after 24hrs of every missing child and undertake a professional discussion with the 39 relevant children's social care department for missing children who remain outstanding for more than 48 hours. This will then continue at agreed periods of the child’s absence. Records of these discussions will be kept on individual children’s electronic case notes. 15.17 Wiltshire Police will also notify the appropriate children's social care department if there is further information on a particular case or they have concerns that need further assessment. Media Strategy: 15.18 In some cases, particularly where a missing child is felt to be especially vulnerable or where they have been missing for a long period of time, it may be necessary to publicise via the media. Such an approach is not routine but is usually a response to very serious concerns for the child’s safety. Wiltshire Police may suggest such an approach. Normally, such decisions to publicise will be jointly made, and where appropriate, in consultation with parents and Children’s Services. However, for operational reasons primacy over such decisions must lie with Wiltshire Police. 15.19 Wiltshire Police may also utilise the website facility of the Missing Persons Bureau (MPB) (www.missingkids.co.uk) to publicise the absence of the child or young person. 15.20 Where it is believed that a child has been abducted, the case falls within the criteria for ‘Child Rescue Alert’, then any decision to publicise the case is likely to be urgent. It will be made in accordance with nationally agreed procedures Where practicable the Council Children’s Services Departments of, Wiltshire Council and Swindon Borough Council will be consulted in advance. However, given the urgent nature of such incidents such consultations should not delay instigation of ‘Child Rescue Alert’. Review of Continued Absence 15.21 Throughout the missing episode, Wiltshire Police are responsible for ongoing enquiries, risk assessment and proportionate actions. All reviews will be undertaken in accordance with NPIA guidance and timescales. 15.22 In the event of a continuing missing episode good communication and close cooperation is essential to ensure that any significant concerns are identified and appropriate safeguarding action is taken Return of the Child 15.23 It is the responsibility of the parent or carer to contact Wiltshire Police and confirm that the missing child has returned. 15.24 If the whereabouts are known or suspected, it is the responsibility of the parents or carers to arrange for the child’s return. In exceptional circumstances, in the interests of the safe and speedy return of the child, Wiltshire Police may agree to requests from parents or carers to assist. Wiltshire Police should not unreasonably withhold assistance in cases involving local recovery and transport missions for vulnerable children. 40 15.25 When a missing child has returned home or to their placement, it is the responsibility of Wiltshire Police to carry out a ‘Safe and Well’ Check. Go to Section 18 for further information. 41 16 Responding to Escalating Concerns 16.1 Where there are concerns in relation to a child going missing, Multi agency meetings at an appropriate level should be called where there are concerns about child sexual exploitation (CSE), the CSE screening tool should be completed (see LSCB CSE staff handbook). 16.2 In the event of repeat episodes of children going missing, it is good practice for formal intervention meetings to take place in response to escalating concerns. Dependant on the assessment of risk to the child and their current status, this could include any of the following: a) b) c) d) e) f) Multi agency risk management meeting Strategy meeting Child Protection Review Child in Care Review Pathway Plan review Child in Need Review 16.3 If there are child protection concerns then follow South West Child Protection Procedures (www.swcpp.org.uk). 16.4 Where concerns are high (e.g. the number of missing episodes) but they have not reached safeguarding thresholds then a multi agency risk assessment meeting should be held. 16.5 Where a child was not previously known to social care and risk factors are identified, then the missing person coordinator will initiate the appropriate multi agency meeting. 16.6 Where the child is an open case to children’s social care, then the responsible team manager will initiate the appropriate multi agency meeting. 16.7 In cases of a child going missing from an out-of authority placement, the responsible authority calls a professionals' meeting involving the relevant organisations from the host authority, to determine action, and to ensure change. Multi agency risk management meeting 16.8 A multi agency management meeting is an intervention meeting crucial to avoiding serious escalation when a sole agency requires support to manage the risk and must, therefore, be given high priority by all concerned. The meeting should be chaired by either an Integrated Service (Operational) Manager or a Manager from children’s social care. If it is a child in care or care leaver then the meeting may be chaired by the independent reviewing officer. The consent of the child is preferred but not essential 16.9 An assessment of potential risk to the child will be carried out in advance of the meeting. 42 16.10 This meeting should try to identify any 'push' or 'pull' factors in the case. In the case of 'pull' factors it may be necessary to target those in the community who harbour the missing child or exploit them with regard to crime, sex or drugs. The meeting should be minuted and MUST produce a clear Action Plan, including timescales for action, named lead professionals, risk/contingency planning and regular review dates. The notes of the meeting should be copied to all professionals invited. 16.11 Outcomes from the multi agency risk management meeting can include a decision that: 16.11.1 The risk to the child is such that a Child Protection Conference (CPP) be called. 16.11.2 The child is likely to be a child in need and, if not already an open case to children’s social care, requires an initial assessment. 16.11.3 Whilst the child is unlikely to meet thresholds as a child in need, s/he has needs that can be met by other agencies. If this is the case a referral for further assessment is needed. The child continues to go missing 16.12 Where a child continues to go missing their case will continue to be monitored through the usual review mechanisms (timescales of which can be brought forward as required). 16.13 Where the missing person coordinator continues to have concerns about a child’s missing episodes, they should either discuss with the social worker or lead professional with responsibility for the child’s case or call a multi agency risk management meeting. 16.14 If the child continues to be reported missing the senior manager for the area must consider the case and direct further intervention. Further strategies should continue to be managed by the senior manager until the risks to the child have reduced and / or the missing episodes have been reduced or ceased. If there is no reduction in the missing episodes the senior manager must take responsibility for escalating the case up the management hierarchy. Keeping cases open 16.15 For all children open to children’s social care, whilst the child remains missing, his/her case must remain ‘open’ until the child is found or until they reach age 18yrs. 16.16 A senior manager in children’s social care, or equivalent in responsible partner agencies, should review all cases where a child has been missing for 6 months or more. The senior manager must satisfy him/her self that all that 43 should be done has been done to find the child. This review should be repeated at 6 monthly intervals whilst the child is missing. 16.17 All Police missing person’s files will remain ‘live’ until the child is located and returned to their home or placement, or whose circumstances are considered to be appropriate. 44 17. Children in Care: Locating the child and their Return 17.1 If a child/young person is ‘missing’ the Social Worker, Foster Carer/Residential Unit Staff, Police and parents commence contingency planning for when the child/young person is located. 17.2 Plans should include: Will the child/young person return to the placement/home address; are they safe in the location where they are found or should they be placed elsewhere? If the child/young person is to return, how will s/he be conveyed to their placement/home address? Do the police wish to interview the child/young person where they are located or after they have returned their placement/home address? Who will be an appropriate ‘independent person’ to talk to the child/young person when she/he is located/returned? Offer children/young people who have repeated absences an independent person to talk to. The offer can be made at any time if there are concerns. When the child/young person is located 17.3 If the whereabouts are known or suspected, it is the responsibility of the social worker or carers to arrange for the child’s return. 17.4 Normally the Foster Carer/Residential Unit Staff or Social Worker/Emergency Duty Team (out of hours) make arrangements for the transportation of a child/young person to his/her placement. 17.5 In exceptional circumstances, in the interests of the safe and speedy return of the child, Wiltshire Police may agree to requests from carers to assist. Wiltshire Police should not unreasonably withhold assistance in cases involving local recovery and transport missions for vulnerable children. 17.6 The police have no power to use force to take children or young people into Police Protection. There will be occasions when a child/young person is found in a location that may be considered unsuitable, but where: There would be no legal grounds for taking them into police protection. or 17.7 To do so would be unsustainable because of the child/young person’s unwillingness to co-operate. In these cases Police and the accountable childcare manager will need to liaise to discuss what steps may be necessary in order to safeguard the child/young person’s welfare. 45 On the child/young person’s return to placement 17.8 It is the responsibility of the carer/social worker to contact Wiltshire Police and confirm that the missing child has returned. 17.9 Where issues external to the placement are trigger factors in a child/young person going missing, care staff or foster carers need to continue to offer them warm and consistent care when they return. It will be counter-productive and detrimental to the child/young person’s wellbeing to use their absence as a reason for ending the placement. Follow up actions on child’s return 17.10 The child’s social worker and their manager should consider bringing forward a Child in Care Review, particularly if significant changes to the Care Plan and the Placement Information Record (PIR) need to be made. 17.11 The Review should cover a reassessment of the child/young person’s needs and support needed to meet these needs. It should also incorporate a risk management strategy to minimise the child/young going missing from care in the future. 17.12 The social Worker should advise the child/young person’s parents/carers of the child’s return without delay unless inappropriate for good reasons to do with the child/young person’s welfare. 17.13 If parents are not informed, the reasons for not informing should be clearly recorded on the child/young person’s file. 17.14 The social worker should advise all agencies who were informed of the absence of the child/young person’s return, unless inappropriate for good reasons to do with the child/young person’s welfare. Again, reasons for not informing should be clearly recorded on the child/young person’s file. 17.15 It is acknowledged that a returning child may well share different parts of their experience with different people. It is the responsibility of all agencies therefore, to attend to issues of immediate safety, future support and safeguarding needs, and information-sharing in a way which respects and safeguards children and young people. 46 18 Interviewing child and follow up actions when they return (Children missing from home and care) 18.1 Interviewing a child/young person on their return to their placement/home address from a missing episode is necessary to understand why the child/young person went missing or ran away in the first place. 18.2 There are 2 stages to the process: The Safe and Well Check carried out by Wiltshire Police where appropriate. The Missing return Interview. Police Safe and Well Check 18.3 Children who run away or are reported missing may not wish to engage with Wiltshire Police. However, when they are located Wiltshire Police will conduct a ‘Safe and Well’ check. It will not be conducted over the telephone. In certain circumstances it may be appropriate to conduct a safe and well check where the child has been deemed absent. 18.4 The purpose is to check for any indications that the child has suffered harm; where and with whom they have been; and to give them an opportunity to disclose any offending by, or against, them. This will lead to Wiltshire Police closing the missing person report on their database and the case being cancelled on the PNC. 18.5 This is NOT a return interview. Wiltshire Police will notify the Local Authority of the return of the child and any relevant information via automated systems. 18.6 If it is apparent, on the return of a child, that they have been the victim of a crime whilst absent, or that they may be in danger or at risk from any person arising out of circumstances that have occurred whilst they were absent then Wiltshire Police will instigate further enquiries. This is vital for the protection of the child and for the speedy recovery of evidence. 18.7 Parents are to be advised that if they become aware of the location of a scene of any crime committed against the child, or of the location of any crucial evidence (e.g. clothing), they must notify Wiltshire Police without delay. This will enable Wiltshire Police to take steps to secure and preserve evidence and significantly assist the investigation. 18.8 In such circumstances, the missing child’s clothing, mobile phone and trace evidence from their body, fingernails or hair may be crucial. In cases of sexual abuse the child should be discouraged from washing and immediate advice sought from Wiltshire Police. 18.9 Additionally, in matters of sexual exploitation, or any other situation which indicates that the child may have been subject to, or at risk of, significant harm, a referral must be made to the Local Authority in accordance with Local Safeguarding Procedures. 47 Return Interview 18.10 This is a more in-depth interview and is usually best carried out by person who is independent of the child/young person’s placement if in care who is trained to carry out these interviews and is able to follow up any actions that emerge. 18.11 A return interview must always take place for children who have been missing from care. It is good practice to complete a return interview with all missing children whether in care or otherwise. 18.12 Many children or young people who go missing need to build up trust with somebody before they will discuss in depth the reasons why they decided to run away. 18.13 It is especially important that a Missing Return Interview takes place when a child/young person: Has been missing for over 24 hours. Has engaged (or is believed to have engaged) in criminal activities during their absence. Has been hurt or harmed whilst they have been missing (or this is believed to have been the case). Has known mental health issues or learning disabilities. Is at known risk of sexual exploitation. Has contact with persons posing a risk to children. There are other identifiable risk factors. 18.14 Before a child is interviewed, seek permission for this from the child’s parents or person with parental responsibility unless inappropriate for good reasons connected to child/young person’s welfare. Reasons for not seeking parental permission must be recorded. 18.15 The Return Interview should take place as soon as possible after the child/young person has been located or returned to their placement. At the latest the Missing Return Interview should be completed within two working days of the child returning home or back to care. 18.16 The independent person could be the child/young person’s social worker, another social worker, a teacher, school nurse, Connexions, Youth or YOT Worker, a voluntary sector practitioner or a police officer whom the child/young person knows and trusts. Ask the child/young person who they wish to speak to. Use an interpreter if necessary. 18.17 Where possible, the venue for the return interview should be in a place other than the child’s home or placement (e.g. at school). If it needs to take place where the child resides, then interview them in private. 48 18.18 It is the responsibility of the Residential Unit Manager, the Foster Carer’s Supervising Social Worker and the child/young person’s Social Worker to ensure that the Return Interview happens 18.19 Completed Return Interview Forms ( K) should be sent by an appropriate method to Wiltshire Police. 18.20 The Local Authority should inform Wiltshire Police missing person coordinators, via the Missing Person Return Interview form where a return interview is not conducted and the reasons for not conducting the return interview. Areas to be covered in the Return Interview. 18.21 The Return Interview should cover the following areas in detail with the child/young person: Identify and deal with any harm the child/young person has suffered – including harm that might not have already been disclosed as part of the Safe and Well Check. Discuss his/her medical condition and assess any need for medical attention. Understand and try to address the reasons why the child/young person ran away and explore the circumstances leading to the missing episode. To find out if the child was able to make contact with someone in authority or their parents if they felt unsafe whilst missing. Discuss ways to prevent it from happening again. To inform future prevention strategies. To inform any future missing person investigation should that person go missing again. To learn of the activities, associates, risks and victimisation involved in the missing episode, and where possible to address those risks with appropriate and proactive strategies such as the use of the harbouring warning notices under the Child Abduction Act/Children Act 18.22 Where there are safeguarding concerns, appropriate safeguarding procedures should be followed, for example: Where the child has been (or is believed to have been) hurt or harmed whilst they have been missing. Where there is known or suspected risk of sexual exploitation or contact with persons posing risk to children 18.23 For questions that can be used in return interview see Appendix H 18.24 For children in care, ALL return interviews must be signed off by a Children’s Services Team Manager after presentation by the relevant professional. 49 18.25 The information gleaned from the return interview will be shared between the relevant Local Authority and Wiltshire Police in order to: Facilitate improved care plan arrangements. Investigate crimes disclosed. Inform any future missing person enquiries. Update the Police Missing Person Database. 18.26 However, the signed copy should be kept and stored in accordance with the relevant Local Authorities’ administrative procedures and not sent to Wiltshire Police. 18.27 Rates of compliance with Missing Return Interviews should be monitored by Local Authorities and where individual staff are identified as not completing them, this should be directly addressed with them. Concerns identified in return interviews 18.27 For children in care, where concerns are identified, these may require a change in the Care Plan. 18.28 Children living at home, can be broken down into 3 categories: 1. Children subject to a child protection plan. 2. Children in need who have an allocated social worker 3. Children not known to children’s social care. 18.29 If further concerns are identified for children subject to a child protection plan, these need to be discussed at an urgently called child protection review. 18.30 Where further concerns are identified for children in need, a child in need review needs to take place to change the child in need plan. Where there are safeguarding concerns, consideration needs to be given to undertaking section 47 enquiries. 18.31 For children not previously known to social care, either: A referral must be made to children social care if there are safeguarding concerns. An appropriate assessment and action plan as required arranged. Consideration of a referral to be discussed at a multi agency risk management group. 18.32 Where any child is suspected of being at risk of CSE (at any time) the child sexual exploitation screening tool should be completed in respect of that child and its results acted upon (see appropraite LSCB staff handbook in relation to CSE). 50 51