4.4.2 Absent/Missing Children (Looked After) |
SCOPE OF THIS CHAPTER
This procedure applies Looked After Children who have Absconded or are Absent or Missing. The manual contains separate procedures in relation to Children missing from home, see Missing Children Procedure.
See also Statutory Guidance on Children Who Run Away and Go Missing From Home and Care, published by the DCSF in July 2009.
AMENDMENT
This chapter was amended in October 2011 to reflect the Children’s Homes (Amendment) Regulations 2011, Fostering Services Regulations 2011, Associated Guidance and National Minimum Standards. In particular the change of the term ‘Absent without Authority’ to ‘Absent without Consent’.
Contents
- Introduction
- Definitions
- Planning before the Event
- If the Child is Missing/Absent
- Responding to Unauthorised Absences
- Offences in Relation to Absent/Missing Children
- Sexual Exploitation
- Notifications if Child Absent/Missing
- Information to be Made Available to Police
- Missing During External Activity of a Residential Home
- Child Missing/Absent for 7 Days
- Child Missing/Absent for 20 Days
- Case Review
- Children Missing/Absent from Other Local Authorities
- Informing the Press/Media
- Recording
- Planning for the Child's Return
- The Child's Return
1. Introduction
From time to time children who are Looked After absent themselves from their placement. These children are at risk, and their absence requires proper attention from the professionals involved with them. This involves not only a consistent and coherent response to the absence, but also careful planning for the return of the child.
The Police are frequent partners of Children's Social Care in managing this response and planning. It is therefore important that staff in both Children's Social Care and Police work together to achieve successful outcomes. This joint procedure has been developed to assist in this. It combines elements of Children's Social Care and Police procedures in relation to missing children so that, where these procedures overlap, respective responsibilities and actions to be taken are clear.
2. Definitions
A Missing child is a child absent from his/her place of residence without consent to a degree or in circumstances where the absence causes concern for safety of the child or there is potential danger to the public.
i) Missing
Absences which cause concern are those where staff or carers have no indication that a child is likely to return within a short space of time or where the child's location is unknown, or reason for absence is unknown and there is cause for concern (see Section 4.2, Assessment of Concern.)
ii) Absconded
If a child is placed in accommodation arranged by the local authority whilst subject to Police Protection, Remanded or otherwise Lawfully Detained and is Missing or Absent without Consent, the child has Absconded.
iii) Unauthorised Absence
Clearly some children absent themselves for a short period and then return, often their whereabouts are known, they may be simply late or have left to cool off. They are not considered at risk and usually they are testing boundaries. Sometimes children stay out longer than agreed either on purpose or unwittingly. Their Risk Assessment, circumstances of age, previous behaviour, and information known at the time does not yet give cause for concern. This "boundary testing" is not within the definition of "missing", these children should be well within the range of normal teenage behaviour and should be regarded as children "whose absence is unauthorised. For further guidance see Section 5, Responding to Unauthorised Absences
3. Planning before the Event
Prior to each planning meeting, including pre-placement meetings, Children's Social Care staff must consider whether it is appropriate to discuss associated risks of the child absenting himself/herself. Where it is considered appropriate, the discussion should include the following and be recorded in the Placement Information Record:
- The degree of risk of the child absconding;
- The level of supervision/support offered to the child in this regard;
- The parents' advice on what action they feel should be taken if the child goes missing;
- The level of risk presented if the child absconds;
- Any known addresses that the child may frequent; or
- Any known adults known to or involved with the child who may place him/her at risk.
This information must be reviewed at Placement Planning Meeting and Looked After Reviews, the child's Care Plan and Placement Information Record must be updated as necessary.
A preventative, educative approach is expected from foster carers and residential staff encouraging them to deal with situations where the missing child’s whereabouts are known and to work alongside the Police.
4. If the Child is Missing/Absent
4.1 Who to Notify
When it is discovered that a child is absent or missing, staff/carers must contact the following:
Residential staff: Whoever discovers that a child has absented herself/himself without permission should immediately inform the senior manager on duty or on call.
Foster-carers: Should consult their Supervising Social Worker during normal working hours, or the Emergency Response Team out of working hours.
A decision should then be made about whether the absence is a cause for concern (see Section 4.2, Assessment of Concern)
If the child's absence does not give cause for concern, a decision should be made about the appropriate steps that can be made to secure the safe and speedy return of the child.
4.2 Assessment of Concern
The factors that would give rise to concern, and should be reported to the Police and others, are:
- Any Absconded Child;
- Any Child suffering from suffering from epilepsy, diabetes, or amnesia;
- Any Child known or suspected to have suicidal tendencies or a mental health illness;
- Any other child who gives cause for concern, having taken account of the child's circumstances and background; for example:
- Previously assessed level of vulnerability;
- Whether the child is subject to a Child Protection Plan;
- Age of the child;
- The legal status of the child;
- Time of day or night;
- History of self-harm;
- Physical/learning difficulties;
- Whether the child has any essential medical needs;
- Previous behaviour patterns;
- Any known problems with money, employment, friends/family/relationships, school/college, drugs or alcohol;
- Any agreement reached regarding staying out beyond the usual time;
- Her/his likely associations while missing;
- State of mind at time of going missing;
- Whether the child is a current victim of bullying or harassment, e.g. sexual, racial, homophobic, or is the subject of local community concerns;
- Whether the child is at risk of sexual exploitation ( See Section 7, Sexual Exploitation);
- Group behaviour;
- Any guidance within the child's own Care Plan or Placement Information Record;
- Any identified risk that a parent/carer might pose, e.g. substance misuse, domestic violence, mental health concerns;
- Any other particular circumstance at the time of the incident.
When abduction is suspected these procedures will not apply and the situation will be dealt with as a criminal enquiry.
4.3 Review of Concern
Where it is assessed that the absence does not give rise for concern sufficient to report it to the Police and others, this decision should be reviewed frequently. If the child remains absent for twelve hours s/he should automatically be reported.
5. Responding to Unauthorised Absences
If the indicates that the child's absence is unauthorised and there is no cause for concern, no report should be made to the police. Staff/carers, in consultation with their manager (Supervising Social Worker) should take all reasonable and practicable steps to establish the whereabouts of the child and return him/her safely.
Only when the assessment suggests that the child's absence is a cause for concern should s/he be reported to the Police and others.
The police should not be approached as an escort provider. However, if there are thought to be specific issues of safety or public order difficulties then action to deal with those difficulties should be agreed jointly. The police will assist in the recovery of a child, subject to their Statutory powers.
Where it is thought that a child is at a particular address, powers to search for the child and secure his/her return are available under Childcare Legislation. In the event of powers of search being required the Social Worker (EDT) and, preferably, the Legal Department should be consulted and the assistance of the police requested.
6. Offences in Relation to Absent/Missing Children
Any person who deliberately helps a child to abscond, removes him/her from care without authority or wilfully impedes his/her return, may be guilty of an offence. The Social Worker must notify his/her Team Manager of any such offences. The Team Manager, in conjunction with the legal department and Designated Manager (Missing Children) must then consider what further action, if any, needs to be taken regarding the offender, i.e. prosecution. Although the welfare of the child is the first consideration, attention must be paid to the seriousness of the offence and the likelihood of repetition.
7. Sexual Exploitation
Staff/carers should be alert to the possibility of sexual exploitation of children. If a child is missing/absent and consider to be at risk of sexual exploitation, s/he is deemed to be vulnerable and should be reported to the Police and others.
This is a sensitive issue and the risk of wrongly labeling a child is clearly an issue. However, this should not deter staff/carers from raising and discussing their concerns.
If a child is continually missing from home staff/carers should remain vigilant and record any incidents of concern.
Staff need to be alert to one or more of the following:
- Extreme changes in language, behaviour and attitude;
- Secrecy about friends, associates and whereabouts;
- Clothes inappropriate for age or occasion;
- New gifts, clothes, jewellery, make-up, mobile telephone, without the means to buy these things;
- Unexplained telephone calls or letters from new friends;
- Relationship with older men or women;
- Unexplained wealth;
- Severing relationships with family and friends;
- Drug use with no means of financing it;
- Involvement with people associated with sexual exploitation or prostitution;
- Being collected in one or more cars with unknown drivers;
- Staying out very late;
- Men or women loitering outside the child's home;
- Truancy;
- Reports from reliable sources suggesting the likelihood of involvement in sexual exploitation;
- Reports that the child has been seen in places used for sexual exploitation or prostitution;
- A history of physical, sexual, emotional abuse and neglect;
- Return from absconding looking well cared for in spite of having no known base;
- Physical symptoms (sexually transmitted infections, or bruising suggestive of either physical or sexual assault).
Clearly all of the above need to be considered with caution. These indicators can apply to most children testing boundaries. The detail and the extremity of the behaviour should be the key.
Should any of the indicators become apparent during the daily recordings/logging's of missing children, then staff should endeavour to gain as much information as is possible.
Any available description of the possible Coercer or Abuser should be recorded.
Any telephone numbers frequently being used or passed on by others.
Registration numbers of vehicles continually visiting the home or that regularly return missing children to the home.
All relevant information should be passed to the police for further checks to be made.
Staff/carers who observe suspicious adults or suspicious vehicles should not approach either if there are concerns for their safety. Record information that is observable, staff should not place themselves or others at risk.
8. Notifications if Child Absent/Missing
If it is assessed that the child's absence does give cause for concern, the following actions must be taken:
- The police must immediately be notified and asked to treat the matter as involving a "vulnerable missing person";
- The parents or any persons having Parental Responsibility should be notified, unless there are serious reasons why this should not be done. If a Looked After Child is absent or missing late at night it would not usually be appropriate to wake natural parents to inform them, although the police may decide to do so in order to conduct a search of their premises. However, the parents should be notified the next day or immediately if there are serious concerns about the child's safety;
- The social worker should be notified at the first opportunity. Outside normal working hours, the Emergency Response Team (EDT) should be notified; the EDT will be responsible for notifying the child's social worker thereafter.
The child's social worker must notify the following and consult them on any steps that must be taken or information they may have about the child's whereabouts:
- If the child is subject to a Child Protection Plan, the Manager of the Record of the Children with a Child Protection Plan;
- If the child is the subject of court proceedings or a court order, or a ward of the court the authority's Legal Services Department;
- Any agencies who know the child;
- The Designated Nurse for the authority;
- The child’s Independent Reviewing Officer.
9. Information to be Made Available to Police
When reporting an absence to the police, staff should make available:
- The full name of the child, date or birth, sex and ethnic identity;
- A description of the child, including height, colour of eyes, clothing, etc;
- A recent photograph;
- Family addresses;
- Known acquaintances;
- Any previous history of absconding;
- Name and phone number of social worker;
- Details of any court order;
- When the child was last seen, in what circumstances, and by whom;
- The name and address of the child's GP and Dentist;
- Any circumstances which might increase the risk to the child.
Staff should also make available to the Police any information arising out of their own risk assessment including the results of any room search (for potential information on the child's whereabouts) and which members of the child's family and friends have already been contacted and any information resulting from this.
10. Missing During External Activity of a Residential Home
If a child goes missing during an external activity arranged by the residential home (or in an analogous situation), the person in charge of the activity will:
- Notify the local Police in that area;
- Notify a senior manager at the residential home;
- Institute a local search if staffing levels permit.
The senior manager at the residential home will be responsible for ensuring that the general procedures in relation to a missing child are followed.
The senior manager of the home and the person in charge of the external activity will decide whether the party should return to the home, and when.
The residential home will need to maintain communication with the local Police where the absence occurred.
11. Child Missing/Absent for 7 Days
Whenever a child is missing for 7 days, and is assessed as "high risk", a Strategy Meeting should be held attended by appropriate staff from Children's Social Care, Police and other agencies involved.
At this meeting the chair should elicit a clear statement about the actions being taken in respect of the absence, and s/he should satisfy herself/himself that all that should be done is being done.
The meeting should consider whether to circulate other local authorities and agencies in the areas where it is felt the child might have gone. Consideration should be given to national notification of authorities and agencies including Social Security, the Benefits Agency and the Child Benefit Agency.
Where the meeting agreed that the details of the child should be circulated to other local authorities and agencies, the key worker should draft an appropriate letter giving details of the child, any circumstances causing concern and the action required if the child is found. If the child is subject to a Child Protection Plan, this letter should conform to the requirements of the Child Protection procedures.
A senior member of the SSD should seek assistance from the Department of Work and Pensions if the Police have not already contacted them.
A missing child will be notified by the Police to the Police National Missing Persons Bureau immediately after going missing. The cases of "high risk" missing children are reviewed by the Police on a daily basis.
12. Child Absent/Missing for 20 Days
If the missing child is subject to a Child Protection Plan and is not found within 20 working days, the Review Child Protection Conference must be brought forward to consider whether any other actions should be taken.
In other cases the SSD first line or locally defined manager must decide and record whether to bring forward the next Looked After Review.
The social worker and team manager must give consideration to the need for legal action and record, in explicit terms, the reasons for their decision.
13. Case Review
The Designated Manager (Missing Children) should formally review all cases where children have been absent for 6 months or more and should satisfy herself/himself about the actions taken to recover the child.
While the child remains absent his/her case should remain "open" to Children's Social Care, and should be reviewed at six monthly intervals by the Designated Manager (Missing Children).
All Police missing persons files will remain "live" until the child is traced or until the Divisional Commander is satisfied that the child is no longer missing.
14. Children Missing/ Absent from Other Local Authorities
Where a child from outside the area is found in the authority, the local Area Social Work Team's Duty Officer should be immediately informed. They will liaise with the child's area of origin to arrange their return.
Where it is not possible to affect the child's immediate return, arrangements will be made to accommodate the child overnight. Reimbursement will be sought from the child's area authority for any accommodation and or travel costs incurred.
15. Informing the Press/Media
It is for the Police to advise the media about a child missing from the care of the local authority. This will be done in accordance with Police rules about communications with the media. A decision to publicise the absence in the Press and/or Television will always be made in consultation with The Authority and with adequate time allowed for prior communication with the child's parents.
16. Recording
Social Worker to complete "Unauthorised Absence: Risk Assessment Process" form as per West Midlands Joint Protocol (section on Recording).
Foster Carer to complete recording sheet and notify notify Police, Social Worker and Fostering Team.
17. Planning for the Child's Return
In consultation with the child's social worker, it will be necessary to plan for when the child is located. Such plans should include:
- Will the child return to the previous placement?;
- How will s/he be conveyed there?;
- Do the Police wish to interview the child before s/he is returned to the placement?;
- Who would be an appropriate "independent person" to talk to the child after his/her return?
If there are concerns of safety or public order difficulties, the police will assist in the recovery and return of a child. Otherwise, the child's staff/carers should make arrangements for his/her return.
Detention in a police station overnight shall not normally be regarded as a satisfactory arrangement.
18. The Child's Return
On their return the child must be seen alone by an independent person and the foster carer / staff must work with the placing authority (child’s social worker) to create a strategy to keep the child safe in future.
18.1 Notifications of the Child's Return
The police, and all other agencies/people, including the child’s Independent Reviewing Officer, notified of the absence, should also be notified of the child's return.
Any information obtained about where the child has been should be recorded for reference and any future missing episodes.
18.2 Seeing/Interviewing the Child
The Police may wish to see/interview the child.
If the child has been missing for three days or more, or if the child has gone missing three times in a month, s/he should be given the opportunity to talk to someone independent to the home about the absence. The child should be advised that this would normally be the Social Worker; however, the child may wish to see another independent person. If the child wishes to see the social worker or another independent person, staff/carers must make suitable arrangements. The decision of the child must be recorded.
In any case, the child's social worker should see the child within 72 hours of his/her return.
In consultation with Residential Services staff, the Social Worker and their Line Managers a decision should be made as to whether a special meeting is required to discuss the effectiveness of the Care Plan in its current format or whether it should be revised.
18.3 Assessing the Child's Needs
On the child's return, the child's needs must be assessed in the following way:
Staff/carers should assess the child's medical condition and, if required or the child requests it, arrangements should be made for the child to receive medical attention/treatment.
If the child has been absent/missing for more than 3 days or there have been 3 or more absences, a Placement Planning Meeting should be convened to assess the continuing suitability of the placement and/or review the child's Placement Information Record to ensure appropriate Strategies are in place to prevent further absences.
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