1.3.6 Missing Children |
SCOPE OF THIS CHAPTER
This procedure applies to all Children in Need.
Part 1 relates to Looked After Children;
Part 2 relates to others who are a Child in Need Missing from Home.
See also Statutory Guidance on Children who Run Away and Go Missing from Home and Care, published by the DCSF in July 2009
Contents
1. Part 1: Looked After Children
1.1 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 Services in managing this response and planning. It is therefore important that staff in both Children's Services and Police work together to achieve successful outcomes. This joint procedure has been developed to assist in this. It combines elements of Children's Services and Police procedures in relation to missing children so that, where these procedures overlap, respective responsibilities and actions to be taken are clear.
1.2 Definitions
A Missing child is a child absent from his/her place of residence without authority to a degree or in circumstances where the absence causes concern for safety of the child or there is potential danger to the public.
- 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 1.4, (Assessment of Concern)). - ABSCONDED
This category would apply to a child for whom the police have the power to arrest i.e. Bail Conditions that have been breached. 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 (definition above) or Unauthorised Absence (definition below), the child has Absconded. - 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 1.5, Responding to Unauthorised Absences
1.3 Planning before the Event
During the planning of an admission to being Looked After or a change of placement or should circumstances require it, consideration should be given to the probability of the child absenting him/herself and the risk involved for the child.
The discussion should include the following and be recorded in the child’s file, Care Plan and Placement Information Record.
- The degree and level of risk for the child should they go missing.
- The level of supervision/support offered to the child and the actions to be taken by the foster or residential carer, based on the risk assessment, which can be taken to prevent a child running away.
- The parent, guardians or social worker’s advice (where appropriate) on what action they feel should be taken if the child goes missing.
- Any known addresses that the child may frequent.
- Any adults known or involved where the child may be at risk.
- Any peer networks/behaviours where the child may be at risk.
This information should be reviewed and revised, as appropriate, at Progress Meetings, Placement Reviews and Looked After Reviews. Current up to date information should be kept in the child’s files to facilitate the locating of a child should they go missing. The Monitoring Form should be used on each missing person’s episode by the child’s social worker, residential workers and by the ERT service.
The child should be made aware of these procedures and arrangements in a way compatible with their age and understanding and be told what actions will be taken if he/she is absent without permission.
1.4 If the Child becomes Absent/Missing
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, who will co-ordinate/authorise all decisions/actions as required. During normal working hours, the child’s social worker must be notified/consulted. Outside normal working hours, the ERT should be notified/consulted.
Foster-carers: Should consult the child’s social worker during normal working hours, or the Emergency Response Team out of working hours. During normal working hours, the Supervising Social Worker should be notified/consulted. The social worker/ERT worker will co-ordinate/authorise all decisions/actions as required.
A decision should then be made about whether the child’s absence is cause for a high level of concern, if so the Police must be notified (see Assessment of Concern below). In some circumstances, others must be notified, see Section 1.8, Other Notifications, below.
All decisions and actions must be recorded on the Monitoring Form (See Section 1.14, Recording) and by carers/staff in the Daily Logs/Sheets.
Assessment of Concern
The decision about the level of concern, and the thinking behind it, should be recorded on Missing Persons Risk Assessment Form. In any event some decision or action must be carried out within two hours of the child going missing or failing to return.
The factors that would give rise to concern, and should be reported to the Police and others, are:
- Any Absconded;
- 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 1.7, 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.
If the risk assessment indicates that the child’s absence is unauthorised, see Section 1.5: Responding to Unauthorised Absences, below.
If the child’s absence causes a high level of concern, the Police must be notified immediately. If there is a medium or low level of concern, the assessment must be reviewed as set out below. In some circumstances, others must be notified, see Section 1.8, Other Notifications, below.
Review of Concern
Where it is assessed that there is a medium or low level of concern, the risk assessment must be reviewed every 2 hours or as circumstances change.
If, at any time, the level of risk is deemed to be high, the Police must be notified immediately. In some circumstances, others must be notified, see Section 1.8, Other Notifications, below.
1.5 Responding to Unauthorised Absences
For definition of Unauthorised Absence see Section 1.2, Definitions
If the risk assessment carried out by the Child’s Social Worker and/or ERT in consultation with the foster and residential carer in consultation with the On-call Manager, results in the view that the child’s absence is unauthorised No report should be made to the police. Foster carers and Residential carers should take all reasonable and practicable steps to establish the whereabouts of the child and only when the risk assessment process identifies the child as ‘Missing’ or ‘Absconding’ should notification be made to police.
All cases of ‘Unauthorised Absence’ should be the subject of continued Risk Assessment to ensure swift and safe responses are made.
If the location of the child is known then it is the Local Authorities responsibility to return the child, 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 these cases in the recovery of the Missing Child subject to their statutory powers.
Where it is thought that a missing child is at a particular address, powers to search for the child and secure his/her return are available under Childcare Legislation. If it is agreed that this action is going to be undertaken the child’s social worker must inform ERT and the assistance of the police should be requested.
If an order is obtained the social worker, ERT and the foster carers must be given copies
If the child remains absent for 24 hours s/he automatically falls into the high level category and must reported to the Police.
1.6 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.
1.7 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 labelling 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 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 with prostitution
- Reports that the child has been seen in places to be used for 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/loggings 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, and all information should be forwarded to the social worker for discussion at the Young People at Risk of Sexual Exploitation Panel (YPSE)
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.
1.8 Other Notifications
If a child’s absence is the cause for a high level of concern, such that the Police are notified (see Section 1.4, If the Child becomes Absent/Missing) it will also be necessary to notify the following people/agencies:
- 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 child’s social worker (ERT 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
1.9 Information required by the Police
When reporting an absence to the police, staff should make available:
- The full name of the child, date or birth, sex and ethnic identity
- A description of the child, including height, colour of eyes, clothing, etc.
- A recent photograph
- 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.
1.10 Child Missing/Absent on External Activity
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.
1.11 If the Child remains Missing/Absent
General
There should be joint responsibility between all involved to ensure all parties are kept informed when the child remains missing. Daily contact should be maintained between the Foster and Residential Carers, Social Worker/Team Manager and the Police, until the child is found. The child’s social worker and/or Team Manager if unallocated should co-ordinate this process.
After 7 days
If the child is missing for seven days, the Designated Manager (Missing Children) should be informed in writing, on the 7th day. At this point, the police will undertake a document review of the Service.
Where a child is missing longer than 7 days, a Strategy Discussion/Meeting should be organised by Children's Services. Senior Managers should review the action taken to date in respect of the absence, to determine future actions. In exceptional circumstances the police may convene this meeting. This meeting should be formally documented.
All decisions, issues, action agreed and contingency plans should be recorded and placed on the child’s file, to ensure clarity of purpose in locating the child.
Each and every child reported as a missing person will be the subject of a notification to the Force Police National Computer Bureau by the Police who will in turn ensure a Missing Person marker is placed on the Police National Computer.
After 14 days
The Police will notify the National Missing Person Bureau 14 days after a child goes missing.
Within 14 days if the child is still missing, the Police National Missing Person Bureau will be contacted. Other forces will be contacted during the investigation where it is believed it will assist in locating the missing child. Information may also be shared by the Police with National Missing Persons Helpline who are a registered charity and assist the Police as and when requested. Confidentiality and security is ensured within a separate protocol.
All Police missing person’s lists will remain “live” until the person is traced. If the missing person has not been located after 6 months a Senior Investigating Officer will review the file, after consultation with the OCU Operations Manager. As part of that review process the Designated Manager (Missing Children) should satisfy him/herself on the actions taken by all agencies in the attempt to recover the child.
When a child is subject to a Child Protection Plan or is Looked After goes missing the Manager of the Record of the Children with a Child Protection Plan should be informed by the child’s social worker so that the necessary steps can be taken to alert other Authorities. A list of the Manager of the Record of the Children with a Child Protection Plan through England and Wales is kept by the Manager of the Record of the Children with a Child Protection Plan in Dudley.
1.12 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.
1.13 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.
1.14 Recording
All actions and decisions relating to the absence must be recorded on the Monitoring Form.
Assessments relating to the risk associated with a child’s absence must be recorded on Missing Person’s Risk Assessment.
Staff/carers must also record actions and decisions on their Daily Log/Sheets.
A record must be made on the Family Placements and Residential Admissions and Discharge sheet/register (A&D sheets, which must be completed each week), which identifies the status in line with the guidance of any child, reported “Missing”, “Absconding” or “Unauthorised” absence. These terms are defined in Section 1.2, Definitions
Throughout the identified procedures within this procedure, a full record must be kept of all actions taken, messages received/given. This recording should be made in the child’s file, held by the Local Authority and within the case papers held by the Police.
1.15 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.
1.16 When the Child Returns
On the child’s return (if not by police) his/her medical condition should be discussed and assessed, if required, arrangements for the child to receive medical attention should be made in consultation with the child’s social worker or/and ERT.
Notifications of the child’s Return
The police, and all other agencies/people notified of the absence, should be notified of the child’s return only when the child is physically in the home
Any information obtained about where the child has been should be recorded for reference and any future missing episodes.
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.
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 is missing for 3 days or more
If a child goes missing for 3 days or more or the child has gone missing 3 times in a month, the Child’s Social Worker in conjunction with, Children’s Resources, Parents and Police, (including Schools, Primary Care Trusts and Voluntary Groups working with vulnerable groups, if and when appropriate) should commence contingency planning for when the child is located. Such strategy plans should include:
- Will the child return to the placement?
- How will he/she be conveyed there if there is a problem?
- Will there be an interview of the child before he/she is returned to his/her placement?
- Who will be an appropriate “Independent Person” to talk to the child after his/her return?
The Police will assist in appropriate cases in the agreed plans developed by Children's Services to return a child to his/her residence. There may also be instances when the local authority will need to make the necessary transportation arrangements for a child to his/her residence.
Flowcharts for Children missing from Looked After Service:
2. Part 2: Children in Need Missing from Home
The Department of Health guidance on “Children missing from home and from care” enjoins Local Authorities, the Police and other local agencies to work together to achieve a consistent response to the needs of children missing from home. They are asked to develop multi-agency procedures covering this aspect of missing children, defining roles and responsibilities. In addition, Local Authority Circular LAC(2002)17 of the DoH asks all Police Forces to ensure that every case involving a child or young person going missing is considered for referral to Children's Services for an initial assessment of need or, if necessary, for enquiries to be made under Section 47 of the Children Act 1989.
Usually, through not invariably, the initial notification that a child is missing from home will be made to the Police. The Police Child Protection Unit will undertake a risk assessment and will then decide whether to refer the case to the Children's Services for the area in which the child lives.
When referring a child missing from home to the Children's Services Department, the Police will make available all relevant information to enable the Children's Services to carry out its functions, including the sort of
information referred to in Section 1.9, Information to be made available to the Police including information arising out of the Police risk assessment.
When a child is referred to the Children's Services by someone other than the Police, the provisions of this Procedure in respect of Looked After Children will apply with changes made as necessary to suit the circumstances. In particular, the following sections of this chapter will apply:
Section 1.4, If a Child becomes Absent/Missing
Section 1.9, Information required by the Police
Many children who absent themselves will be Children in Need. The Children's Services Department will need to decide, in each case that has been referred to them, whether the child should have access to an Initial Assessment provided by the Children's Services that conforms to the requirements of the Assessment Framework. This assessment will include the following:
- Evaluate the risks if a child were to go missing again;
- Whether or not they and their families might be appropriately offered local family support services;
- Whether there is a risk of Significant Harm, if so for a Strategy Discussion/Meeting to be convened
Whether or not children who have gone missing from home are assessed as being a Child in Need they will be offered access to an interview upon their return. As far as possible the person conducting this interview should be independent of existing arrangements for the child’s care and welfare, and the child’s views should be taken into consideration in deciding which agency might best offer the necessary “independent” perspective. The provisions of Section 1.16, When the Child Returns should be followed with adaptation to the specific circumstances.
The return interview should aim to provide the young person with information about how, if necessary, they will be able to access follow-on services such as mediation or counselling.
Where children missing from home are identified outside of their home authority, the “receiving” and the home authority will need to negotiate so that the child or young person may be linked back into appropriate local services.
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