Residential Care
Support the rights, diversity and equality of Children and Young People in residential childcare
A. Outline the rights of children and young people (CYP) and how these are safeguarded in law at national and international level.
At a national level, CYP’s rights are safeguarded and protected by UK law. These rights cover areas such as safety, education, healthcare, equality and participation. They also include the right to live in a safe and nurturing environment. These protections are supported by legislation including the Human Rights Act 1998, which incorporates the European Convention on Human Rights (ECHR) into UK law. The law allows CYP to challenge public bodies if their rights have been breached. The Children Act 1989 and the Children Act 2004 also place duties on local authorities to safeguard children and promote their welfare. Children of compulsory school age are required to receive a suitable education.
At an international level, children’s and young people’s rights are recognised by agreements such as the United Nations Convention on the Rights of the Child (UNCRC). The European Convention on Human Rights (ECHR) also protects fundamental rights. These frameworks guide laws, policies and safeguarding systems that help protect CYP from harm, discrimination, abuse and exploitation.
B. Explain the legislative and rights frameworks and how they are intended to improve the life chances and outcomes of CYP.
Legislative and rights frameworks are intended to improve the life chances and outcomes of CYP. They are designed to protect CYP and ensure they have equal opportunities to succeed. Laws such as the Children Act 1989, the Children Act 2004 and the Equality Act 2010 establish duties to safeguard CYP, promote their welfare and prevent discrimination. These laws provide a legal framework for protecting children’s rights and ensuring that appropriate support is available.
This means that the government and local authorities must prioritise the welfare and best interests of CYP. These responsibilities help improve their well-being and future life chances. Equal opportunities and access to essential services give each child the chance to develop in a healthy and supportive environment. Every child should have their rights respected, regardless of their background, race, gender or other personal circumstances. Equality and non-discrimination are therefore essential principles.
The United Nations Convention on the Rights of the Child (UNCRC) also recognises children’s rights to education, protection, participation and having their views heard. These legislative and rights frameworks aim to reduce inequalities, protect children from harm, improve access to education and healthcare, and encourage CYP to participate in decisions that affect their lives. Ultimately, they help improve outcomes for CYP by promoting safety, well-being, inclusion and positive development.
C. Explain current equalities legislation and how it affects work with CYP in residential childcare and how it can impact on what a care worker needs to provide. What must they have in place to ensure that all children’s and young people’s religious, cultural and lifestyle choices are met and how does this impact on the service they provide?
The main legislation protecting equality for CYP in residential childcare is the Equality Act 2010. It protects people from discrimination relating to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act aims to prevent direct and indirect discrimination, harassment and victimisation. In residential childcare, the children’s residential care worker must treat each CYP fairly, respect their identity, culture, beliefs and personal choices, and support equal opportunities to participate in education, activities and everyday life.
The children’s residential care worker can support CYP to attend religious establishments, such as churches, mosques, synagogues or temples, and should respect their cultural and religious practices. Cultural needs may also affect dietary choices. The worker should ensure that suitable vegan, vegetarian, allergy-safe or culturally appropriate meals, such as Halal or Kosher food, are available. The worker can liaise with social workers, parents, carers and other professionals to understand and meet these requirements.
Equality and inclusion affect many aspects of a CYP’s life. For example, if a CYP is gender-fluid or does not identify with a specific gender, the children’s residential care worker should listen, respect their identity and establish their preferred name and pronouns. The worker should help provide a safe, inclusive environment where the CYP feels accepted and valued. The worker must also recognise that CYP have different needs and may require reasonable adjustments, particularly if they have a disability.
The legislation requires the children’s residential care worker to provide individualised and inclusive support rather than assuming that treating everyone identically will meet their needs. Activities, communication, routines or the environment may need to be adapted to remove barriers. The worker should challenge discriminatory language or behaviour and report concerns in line with the children’s residential home’s policies. This helps create a safe, respectful environment where every CYP feels valued, included and able to achieve their potential.
D. Explain why the voice of the CYP has a central place in relation to rights and the role of advocates in supporting this.
The voice of the CYP has a central place in relation to the rights and the role of advocates in supporting them. Importantly, prior to decisions affecting CYP’s lives, they have the right to be heard and participate in these. While these are important decisions, the CYP may be overwhelmed as much as confused by the details, this is where an advocate supports them through the process. Practically, proposals/future needs to be explained to the CYP, the advocate can empower the CYP to make informed opinions, raise concerns and highlight needs. The advocate can be the voice for the CYP. As an intermediary, in a way not working for the CYP not for the Social Services, can offer that support and guidance the CYP may not accept (or believe) from their social worker, for example. Above all, the CYP has rights and needs to understand they have a right to be heard with the advocate making sure this is communicated. This means decisions when made have been through balanced opinions and a democratic process. The CYP can come out of this not only feeling empowered but also feeling included in decisions about their lives. The CYP feel respected and actively involved. Moreover, the CYP can offer a unique perspective which can inform professionals, practices and policies.
E. Explain how policies and procedures in a care worker’s workplace reflect the rights of CYP.
Policies and procedures in an open children’s residential home play a crucial role in protecting the rights of CYP. These rights include protection, participation, education, and privacy. Policies and procedures help protect CYP from harm and abuse, ensuring that they live in a safe environment and, importantly, feel safe.
Within the workplace, all staff receive child protection training, and there is a designated safeguarding lead responsible for overseeing safeguarding concerns. While safeguarding protects CYP from harm, encouraging participation also promotes inclusion by ensuring that their voices are heard. Their views are respected, and every CYP is valued and encouraged to participate, regardless of their background or abilities.
Participation also includes education, which should be structured around each child’s individual needs to help remove barriers to learning. Confidentiality is another important aspect of these policies and procedures. Sensitive information about a CYP may need to be shared with relevant professionals and, where appropriate, family members. However, information must be shared appropriately and in line with confidentiality and safeguarding requirements. Giving CYP a voice in decisions about their personal information, wherever appropriate, helps ensure that their rights are respected and promotes a fair and supportive environment.
F. Explain the effects of discrimination, stereotyping and labelling on CYP. Please give separate information for each of these and appropriate examples.
Discrimination
The effects of discrimination on CYP can be detrimental and long-lasting. CYP may internalise the unfair treatment they experience because of their identity or personal characteristics, particularly when they are treated differently from others in a group. Discrimination can be either direct or indirect.
Direct discrimination occurs when a CYP is treated unfairly because of a protected characteristic. For example, a school may refuse to allow a disabled CYP to attend because they use a wheelchair.
Indirect discrimination occurs when a rule or policy places a particular group at a disadvantage compared with others. For example, a school may offer a reward, such as a theme-park trip, only to pupils with 100% attendance. This could disadvantage pupils with medical conditions who need to miss lessons for hospital appointments or treatment.
Stereotyping
Stereotyping involves making assumptions about a person’s behaviour, abilities or interests based on their characteristics. A common example is the oversimplified expectations placed on girls and boys. Girls may be expected to play with dolls and be emotional when they are young, while boys may be expected to enjoy sport and behave toughly. As a result, CYP may feel pressured to conform to these expectations.
There was a ban on women playing football in England that lasted for 50 years, until 1971. This was partly due to the belief that women were unsuitable for the sport. This discrimination was based on outdated assumptions that women were not physically capable of playing football or lacked tactical intelligence.
Stereotyping can create barriers that prevent girls and boys from pursuing activities they enjoy. For example, telling a girl that she is not very good at maths could damage her confidence and discourage her from pursuing subjects in science, technology, engineering and mathematics (STEM).
Labelling
Labelling can also have detrimental effects on CYP. For example, when a CYP gets into trouble with the police, they may subsequently be labelled a ‘criminal’. Instead of being encouraged to change their behaviour positively, the CYP may begin to see themselves in terms of this label and become involved in further trouble. This sociological process can influence a CYP’s attitude and behaviour.
Importantly, CYP may interpret and internalise comments made about them through discrimination, stereotyping or labelling. This can also be seen in the way parents and other adults treat CYP. For example, repeatedly calling a CYP a ‘troublemaker’ can make it more difficult for adults to provide positive support and encouragement. This may create a self-fulfilling prophecy, in which the CYP begins to behave in ways that match the label.
In the workplace, negative labelling can limit a CYP’s potential, affect their self-image and make them feel different from others. In contrast, encouraging CYP to believe in their abilities can help them take positive risks, develop confidence and try new things.
The effects on children and young people
If a CYP experiences discrimination, stereotyping or labelling, they may feel excluded, rejected, upset or anxious, or develop low self-esteem. They may begin to believe negative things about themselves and feel that they do not belong in their residential home or school. This can affect their confidence and relationships with other CYP and staff.
Their behaviour may change, for example, by becoming withdrawn, aggressive, quiet or disruptive. They may avoid certain situations, stop participating in activities or lose motivation at school, at a residential care home or in social settings. These experiences can affect their sense of normality and belonging, and rebuilding their confidence and relationships may take time and consistent support from trusted adults.
G. Analyse how and why CYP in residential childcare can be the subjects of multiple discrimination; please include how this can be by the other young people and staff within the residential setting and by the local community.
CYP in residential care may experience multiple forms of discrimination arising from different factors. Discrimination can come from other CYP, staff within the residential setting or members of the local community. Those affected may come from a wide range of backgrounds and include people from minority racial and ethnic groups, disabled CYP and those with special educational needs. They may also come from low-income families or identify as LGBTQ+. However, where do these attitudes originate? Society can influence people’s beliefs and attitudes, perpetuating stereotypes that can lead to discriminatory behaviour.
Residential care involves both CYP and staff, meaning that discrimination can affect staff as well as the children and young people they support. Staff may lack awareness of relevant policies, while some policies may become outdated and require review. Regular updates and ongoing training help ensure that policies promote equality, fairness and inclusion. These policies must also be consistently implemented to protect those experiencing discrimination. However, addressing discrimination involves more than policies and training. Staff must recognise discriminatory behaviour and challenge it appropriately, regardless of who displays it. An inclusive residential environment requires staff to recognise wider inequalities and understand the individual experiences of CYP. Staff have a responsibility to educate themselves, support CYP in understanding equality and challenge discriminatory attitudes among colleagues to ensure that everyone is treated fairly.
Some CYP in residential care homes may experience discrimination because of differences in race, religion, disability, appearance or background. This may arise from prejudice, learned behaviour, insecurity or a desire to fit in with others. In practice, staff may discriminate against CYP by making assumptions, treating them inconsistently or applying stricter rules to some individuals than others. They may also exclude CYP from activities or fail to listen to their views. Such actions can damage a CYP’s confidence and reinforce feelings of rejection within the home.
CYP may also experience discrimination in the local community or at school. Members of the public may display discriminatory attitudes through bullying, exclusion or negative stereotypes. Some may wrongly assume that CYP in residential care are troublesome or dangerous. CYP may also experience unfair treatment because of their status as looked-after children, or because of their behaviour, appearance or background. These attitudes often arise from ignorance or misunderstanding. As a result, CYP may experience bullying, exclusion from community activities or unfair treatment in shops and schools. Neighbours may also make complaints based on assumptions about children in residential care rather than on their individual behaviour. Such experiences can undermine their sense of belonging and reinforce the feeling that they are being judged because of their circumstances rather than treated as individuals.
H. Explain how a care worker’s role carries power in relation to CYP and has the potential to infringe their right to equal treatment. Please give an example of how this could happen and why.
The role of a children’s residential care worker carries power in relation to each CYP (CYP) they support. This authority can influence whether CYP receive fair and equal treatment. As a support worker, there is responsibility for making day-to-day decisions that affect CYP. Although a support worker does not have the same responsibilities as a social worker, who may be involved in decisions about family arrangements, the support worker can influence the opportunities, resources and support available to each CYP.
The role is to support every CYP with dignity and respect and to treat them fairly, without bias. This helps ensure that they have opportunities to develop, participate and reach their potential. CYP have rights and deserve to have their voices heard. A support worker has the responsibility to uphold these rights, respond appropriately to behaviour and disclosures, and pass on relevant information when necessary. These decisions can have a significant impact on each CYP. It is important that no CYP feels excluded or disadvantaged. The words used during interactions and activities can also influence a CYP’s self-esteem, confidence and overall well-being.
In a home such as a residential care home, where four CYP live together, it is important to avoid creating divisions or giving the impression of favouritism. If a support worker belittles one CYP, this may influence how other CYP treat them. Staff act as role models, and if other CYP witness a staff member demeaning someone, they may copy this behaviour, creating further inequality and emotional harm. Support workers must therefore recognise their own potential biases and stereotypes and consider how their attitudes and actions may affect individual CYP and the wider residential environment. The role carries the responsibility not only to recognise and challenge personal biases but also to use authority positively. Above all, a support worker can help create an inclusive and fair home where CYP are respected, have a voice and feel empowered.
Furthermore, a care worker must be mindful of treating one CYP more favourably by giving them additional attention, rewards or privileges without a fair reason. Rules should be applied consistently, and staff should avoid allowing one CYP to disregard rules that others are expected to follow. This is particularly important at A residential care home, where CYP are observant of how others are treated and may feel that someone else is receiving a better deal.
For example, CYP may be expected to have supper before going to bed at a particular time. If one CYP is allowed to stay up later or have supper just before bedtime, other CYP may notice and feel that the rules are unfair. This can lead to resentment and make them feel less valued. Although this is not the practice at A residential care home, the wider principle is that staff may sometimes need to make different decisions because CYP have different individual needs or circumstances. These differences should be explained appropriately, while respecting each CYP’s privacy.
For example, one CYP may have earned greater independence, have an age-appropriate routine or have a specific need identified in their care plan. Another CYP may have a risk assessment or health, behavioural or safeguarding consideration that means maintaining their usual bedtime routine is necessary. In these circumstances, different treatment does not automatically mean unfair treatment. Staff must be able to explain the reasons for decisions in a way that helps CYP understand the importance of individual needs.
In practice, staff must not discriminate against a CYP because of a protected characteristic, such as race, disability, religion or sex. CYP should not be unfairly excluded from activities or denied opportunities because of these characteristics. For example, a staff member who does not understand a CYP’s religious or cultural requirements might wrongly assume that Halal or Kosher food is unnecessary. However, where a CYP’s Muslim or Jewish faith means that Halal or Kosher food is required, this must be taken seriously and appropriately reflected in their care arrangements.
It is also important to recognise that two CYP may have different risk assessments, abilities and support needs. Restrictions may be necessary because of individual behavioural needs, health conditions or safeguarding considerations. For example, one CYP may be assessed as able to participate safely in an activity, while another may require additional supervision, reasonable adjustments or an alternative activity. Equality does not always mean treating every CYP identically. Instead, it means recognising and responding appropriately to individual needs while ensuring that every CYP is treated with dignity, fairness and respect.
I.Describe how a care worker can challenge discriminatory or oppressive behaviour in ways that support change. Please explain how they would challenge discrimination between two young people or between colleagues or a member of staff towards a YP and how their actions would vary according to who is involved.
Effectively challenging discriminatory or oppressive behaviour is important for supporting positive change and promoting inclusion, equality and respect. This means challenging discrimination in all situations, whether it occurs between two children and young people (CYP), between colleagues or when a member of staff behaves in a discriminatory way towards a CYP. The response will vary depending on who is involved and the circumstances. Importantly, the aim is to address the behaviour rather than attack the individual. Explaining why the behaviour is inappropriate can provide an opportunity to educate rather than simply place blame. Encouraging participation and reflection may also help prevent the person from becoming defensive. Where appropriate, a constructive conversation should allow everyone involved an opportunity to express their views.
However, the approach needs to reflect the people involved, as there may be different power dynamics and safeguarding responsibilities.
If discrimination occurs between two CYP, their immediate safety should be considered first. If tensions are high, the CYP may need to be separated to prevent the situation from escalating. As other staff are available to provide support within the home, another member of staff could be asked to take one CYP to a separate area. The CYP who displayed the discriminatory behaviour could then be spoken to using simple, appropriate language to explain what was heard or observed and why it was unacceptable. It is also important to give the CYP who experienced the discrimination an opportunity to express their feelings and views. Where appropriate and safe, a restorative conversation could take place, helping the CYP responsible for the behaviour understand its impact and, where appropriate, apologise. The focus should be on education, accountability and developing a better understanding of equality and respect.
The approach would be different if the behaviour involved colleagues. The behaviour should be challenged directly, but, where possible, this should take place privately once the immediate situation has ended. Discriminatory behaviour in the workplace can create an unfair, unsafe and exclusionary environment. Explaining why the behaviour was inappropriate and how it could affect others helps keep the focus on professional conduct rather than making the discussion personal. Staff should understand the professional standards, codes of conduct and equality policies that apply at A residential care home. Depending on the seriousness of the incident and whether the behaviour was repeated, the matter may need to be escalated through the appropriate management procedures.
If a member of staff behaves in a discriminatory or oppressive way towards a CYP, immediate steps should be taken to safeguard the CYP. Where necessary, the CYP should be removed from the situation and reassured that the behaviour was not their fault and that they had done nothing wrong. The staff member’s position of authority creates a significant power imbalance, making it particularly important to report and escalate the incident to senior management in line with safeguarding and workplace procedures. The incident should also be accurately recorded in writing. Depending on its seriousness, the staff member may be subject to a formal investigation or disciplinary procedure.
In summary, the response to discrimination should reflect who is involved and the level of risk. Discrimination between CYP should be addressed through safeguarding, education, accountability and, where appropriate, restorative practice. When discrimination involves colleagues, staff should follow professional standards, codes of conduct and equality policies. When discriminatory behaviour is directed towards a CYP by a member of staff, the power imbalance makes safeguarding and appropriate management intervention particularly important.
J.Describe two differing cultural practices and beliefs that may be different to the majority of the practices in a care worker’s community but should be supported and encouraged within their work setting.
1. Cultural beliefs and religious practices
Various cultural beliefs and practices highlight the diversity within the UK. Although some may differ from those of the majority in the local community, they should be respected and supported. Religion, for example, involves different beliefs and practices. Examples of Muslim religious practices include wearing a hijab, a headscarf worn by some Muslim women, and praying five times a day.
In a workplace, this may mean that an employee needs time away from their duties to pray. Although a prayer may take only five to ten minutes, suitable arrangements should be made to allow this. Providing access to a quiet and appropriate space helps ensure that employees can practise their religion while feeling respected and included in the workplace.
2. Cultural beliefs and religious celebrations
Various cultural beliefs and practices highlight the diversity within the UK. Although some may differ from those of the majority in the local community, they should be respected and supported. Religion, for example, includes different days of celebration. Songkran, the Thai New Year, begins on 13 April each year. In 2026, it began on 13 April, shortly after the Easter holiday period in the UK. While some people may see this as an ordinary day, for many Thai people it is an important cultural and religious celebration. Songkran is a time for spiritual cleansing, renewal, and showing respect to family members and elders. Individuals may therefore wish to spend time with their family and wider community to maintain these traditions and strengthen their cultural and religious connections. Recognising and respecting these celebrations helps promote equality, inclusion and understanding of cultural diversity.
Two cultural practices that are harmful or illegal in the UK
1. Female genital mutilation (FGM)
The Prohibition of Female Circumcision Act 1985 was an important step in making female circumcision illegal in the UK. The legislation was later strengthened by the Female Genital Mutilation (FGM) Act 2003 in England and Wales. This legislation is relevant to residential childcare because staff have a responsibility to protect children and young people (CYP) from harm, including the risk of FGM.
As a support worker, the responsibility is to safeguard CYP, recognise potential concerns and provide appropriate, age-related information to help them understand the risks associated with FGM. If any concerns arise, they must be reported promptly in accordance with safeguarding procedures. This may involve informing the designated safeguarding lead, children’s services and the police, as appropriate. The support worker must follow workplace safeguarding policies and work with professionals who have experience in FGM to ensure that the CYP receives appropriate protection and support.
2. Honour-based abuse
Honour-based abuse occurs when a family or community believes that shame or dishonour has been brought upon them. This may arise from decisions made by a CYP (CYP) that challenge family expectations. For example, a CYP may choose a particular educational or career path or develop a relationship with someone from a different religious or cultural background. Although family members may disagree with a CYP’s choices, this must never be used to justify threats, intimidation or violence.
In a residential childcare setting, the support worker has a responsibility to recognise potential signs of honour-based abuse, listen to any concerns raised by CYP and help them understand their rights. It is also important to explain that honour-based abuse is unacceptable and may involve criminal offences. Any concerns or disclosures must be taken seriously and reported promptly in line with safeguarding procedures. This may involve informing the designated safeguarding lead, the CYP’s social worker, children’s services and the police, depending on the circumstances. The priority must always be to protect the CYP from harm and ensure that appropriate safeguarding support is provided.
L. Referring a care worker’s workplace policies and procedures, explain how to challenge cultural practices that are discriminatory, harmful, or illegal. Which is the main policy and procedure they would use to protect the CYP?
If a cultural practice within a children’s residential care home is discriminatory, harmful or illegal, it should not be ignored or accepted simply because it is considered culturally significant. The children’s residential care worker should respectfully challenge the practice, explain why it conflicts with a CYP’s (CYP’s) rights, welfare or the law, and follow the home’s safeguarding and reporting procedures. Any concerns must be accurately recorded and reported to the designated safeguarding lead or manager. Where necessary, advice should be sought from relevant professionals and agencies, while remaining respectful of each CYP’s identity, culture and beliefs.
The home’s policies and procedures should promote equality, respect cultural and religious practices, and protect CYP from discriminatory, harmful or illegal behaviour. Staff must follow these policies to uphold equality, safeguard CYP’s rights and protect them from harm. This includes recognising that the home and wider community may be multiracial, multireligious, multilingual and multicultural.
Two important pieces of legislation in this area are the Children Act 1989 and the Equality Act 2010. The Children Act 1989 recognises the importance of considering each child’s individual needs, wishes and feelings. It also supports consideration of their family relationships and background. The Equality Act 2010 protects people from discrimination and requires fair treatment in relation to protected characteristics. Together, these legal frameworks help ensure that decisions about CYP and their families take account of individual circumstances, respect their backgrounds and promote equality and inclusion.
M. Give 3 reasons why CYP in residential childcare may find it difficult to raise concerns or make complaints
1. Fear and retaliation
Children and young people (CYP) may fear that they will be treated worse if they raise a complaint or express a concern. They may worry about punishment, losing privileges or damaging relationships with staff and other CYP. The children living in residential care are already vulnerable, and this may lead them to worry that they could be moved from their placement for speaking up. Previous negative experiences, a lack of confidence, communication difficulties or not understanding their rights may also prevent them from raising concerns.
2. Power
Adults within a residential home hold a position of authority over CYP. Although this authority should never be abused, staff have influence over daily routines, activities and decisions, which may sometimes leave CYP feeling powerless. Even when staff act appropriately, CYP may feel that they have limited control over their circumstances.
When a CYP raises a concern, adults have a responsibility to listen, take their views seriously and follow the appropriate procedures. If concerns are ignored or dismissed, CYP may become less willing to speak up in the future. This can damage their trust in staff and negatively affect the relationships developed with those responsible for supporting them.
3. Understanding of policies and rights
If CYP do not understand their rights or know how to make a complaint, they may be prevented or discouraged from raising concerns. As a result, they may feel that they have no voice, while problems remain unresolved and continue to cause distress.
It is therefore important that the complaints process is straightforward and accessible. Formal procedures can feel overwhelming for CYP, so the process should not be unnecessarily complex or intimidating. Raising concerns should be as simple, accessible and child-friendly as possible, ensuring that every CYP has the opportunity to express their views and feel confident that they will be taken seriously.
N. Explain how to recognise when a CYP is expressing concern indirectly
Recognising when a CYP is expressing concerns indirectly involves identifying changes in their usual behaviour and non-verbal communication. It is important for staff to understand what is normal for each CYP so that unusual changes can be recognised. For example, CYP may have regular weekly routines and socialise with the same friends, but they may begin withdrawing from these activities, refusing to attend clubs or becoming reluctant to go to school. In some cases, they may abscond. These changes may become more noticeable when a pattern develops rather than being a one-off incident. For example, a CYP may repeatedly respond with aggression whenever attending a particular activity is suggested, despite this being unusual for them.
CYP may also make comments that suggest something is troubling them. Statements such as ‘It does not matter’ or ‘It is all going wrong’ may seem ambiguous, but they could indicate underlying distress or difficulties in their lives. Changes in language, such as increasingly sexualised comments or references to violence, may also raise concerns about possible exposure to harmful experiences.
Other indicators may include unexplained bruising, heightened anxiety and difficulties sleeping. These signs should not automatically be attributed to everyday issues such as falling over, school examinations or overthinking at night. Instead, staff should consider the wider context and whether several indicators are occurring together. Recognising the circumstances that may have triggered a change in behaviour, alongside any specific behavioural or health concerns, can help staff identify when a CYP may need additional support or safeguarding intervention. Any concerns should be recorded accurately and followed up in line with the home’s safeguarding procedures.
O. Review a care worker’s values and behaviours in relation to equality and diversity to plan for improved practice – please give examples of how well they think their own practice supports equality and inclusion and how they could improve on this.
Strong ethical values underpin a care worker’s commitment to treating everyone fairly, regardless of their background or personal characteristics. Working within a team whose members have different work experiences, personal histories, ages and religious beliefs highlights the importance of respecting individual differences. Supporting vulnerable children and young people (CYP), many of whom have experienced difficult circumstances, including separation from parents or family, further reinforces the need for a care worker to treat everyone with dignity, fairness and respect.
A care worker’s values and behaviour must reflect these principles and be regularly reviewed and challenged when necessary. For example, some CYP may swear at staff or respond negatively when told ‘no’. Although such behaviour can be challenging, a care worker must avoid taking it personally or responding with anger. Remaining calm, considering the reasons behind the behaviour and responding professionally helps ensure that every CYP receives fair treatment, even during difficult interactions.
Equality and inclusion can also be promoted by a care worker maintaining an open mind when meeting new people and working with colleagues who have different opinions or approaches. When disagreements arise or situations cause frustration, reflecting on personal reactions and considering the wider perspective can prevent negative responses. Differences in opinions or working practices should be discussed respectfully rather than becoming personal disagreements. Both staff and CYP can provide valuable opportunities for a care worker to learn about different cultures, individual needs and alternative approaches.
To improve practice further, a care worker could seek additional training and educational opportunities to develop an understanding of equality, diversity and cultural differences. Feedback from colleagues and regular reflective practice could also help identify unconscious biases or assumptions that might influence decisions. These steps would support a fair, inclusive approach that responds to the individual needs of each CYP.
Recognising the influence of personal values and beliefs on professional practice is essential. Continued reflection, openness to learning and a willingness to challenge assumptions can help a care worker strengthen inclusive practice. The saying attributed to Voltaire, ‘prejudices are what fools use for reason’, highlights the importance of questioning assumptions rather than allowing prejudice to influence decisions. Critical thinking, self-awareness and respect for individual differences are essential for a care worker promoting equality and diversity within residential childcare.
Q&A: Understand the Youth Justice System as It Relates to Residential Childcare
1. Define the terms ‘offending behaviour’ and ‘criminalisation’
Defining the terms ‘offending behaviour’ and ‘criminalisation’ provides an opportunity to consider offending while also recognising the labels and stigma that can accompany such behaviour.
Offending behaviour relates to a person’s behaviour, actions or activities that are illegal. These are actions that are prohibited by law and may result in involvement with the police, youth justice services and the courts. However, a child or young person (CYP) having a criminal record, or being labelled a ‘criminal’, can result in society responding to them differently. It may also influence how the CYP views themselves and their own identity.
Offending behaviour can be demonstrated through a person’s actions, while criminalisation can be influenced by a range of internal and external factors. These may include ‘push’ and ‘pull’ factors. Push factors, such as poverty, neglect or difficult family circumstances, can have a detrimental effect on a child. A CYP may become involved in offending behaviour as a way of escaping a situation in which they feel that their needs are not being met.
Children may also be ‘pulled’ into gangs because of social isolation or a desire to belong. Gangs can include older and influential individuals who may exploit vulnerable children. Recruiters can present themselves as friendly and make the lifestyle appear attractive.
A child may find being away from home appealing, particularly if they are experiencing difficulties within their home environment. However, they may subsequently become manipulated or groomed by others. County lines gangs can bring children under their control, involving them in the selling and distribution of drugs for financial gain, access to drugs or social status. This offending behaviour is punishable by law when detected, but it can also become a route into further criminalisation. Children involved in these situations are vulnerable not only because of their age, but also because of their backgrounds and potentially unmet needs.
Children in care can become involved with the criminal justice system when their behaviour results in the police being called. This behaviour may be connected to significant challenges that the child has experienced earlier in life. A child may be arrested or taken into custody while experiencing a crisis. For example, an incident involving damage to property could result in a criminal record. In some circumstances, behaviour that could potentially have been managed by caregivers through support and appropriate intervention may instead result in police involvement and formal sanctions.
Although county lines and children in care have been highlighted, offending behaviour is wide-ranging. Common offences can include shoplifting, vandalism and, increasingly, possession or carrying of weapons such as knives.
It is also important to consider whether children are treated differently when the police attend a children’s home compared with when they attend a family home. Police officers may consider that behaviour occurring within a family home can be dealt with by the family, whereas similar behaviour in a children’s home may result in police involvement.
Children need to be supported and understood when they commit an offence. For example, a child who is arrested for drug-related offences may themselves be vulnerable and exploited by others. Although their offending behaviour is wrong, drug use and exploitation may also indicate that the child is experiencing rejection, vulnerability or unmet emotional needs.
2. Summarise the following theories relating to youth offending
Pathways Theory
Pathways theory suggests that a child or young person may develop a pathway into offending behaviour. Dysfunctional experiences during early life can contribute to later involvement in criminal behaviour. Neglectful or abusive family environments can be significant factors in establishing such a pathway.
Family involvement in crime and the normalisation of criminal behaviour can also influence a CYP’s pathway. However, family circumstances are not the only factor. Peer behaviour can have a significant influence, and social learning can contribute to a child being exposed to and encouraged towards negative behaviour.
A CYP may want to fit in with others and, as a result, become involved in behaviour that they would not normally consider. Peer acceptance can therefore be an important influence on offending behaviour.
Good Lives Model
Although risk management is an important part of managing a CYP’s behaviour, youth justice should also focus on positive development, personal wellbeing and the individual’s strengths and capabilities.
The Good Lives Model focuses on helping CYP develop a positive and pro-social lifestyle. Encouraging meaningful activities can support positive development. For example, participating in football can allow a CYP to use their energy positively, develop relationships and teamwork skills, and experience the benefits of working towards a shared goal.
Theory of Social Capital
Youth offending can be influenced by the social networks surrounding a CYP. While some social connections may encourage negative or criminal behaviour, a CYP’s social capital can also be developed through positive relationships and community involvement.
Meaningful relationships can include peers, close and extended family members, school staff, community groups and leisure activities. For example, involvement in a football team can create positive connections between CYP, parents and other members of the community.
A Youth Offending Service officer can help a CYP develop these positive connections. Strong social networks within the community, schools, leisure activities and interest groups can help build resilience and provide alternatives to negative peer influences.
Labelling Theory
Labelling theory suggests that children who become involved in criminality and the youth justice system can begin to view ‘offender’ as a significant part of their identity, sometimes referred to as a master status.
Being repeatedly involved with the police or youth justice system can contribute to the stigmatisation of a CYP as an ‘offender’. Rather than preventing further offending, formal involvement with the criminal justice system can sometimes contribute to further criminalisation and association with other groups involved in offending.
Labelling can therefore influence a CYP’s self-concept and contribute to social exclusion. Youth justice approaches should seek to avoid defining a CYP solely by their offending behaviour. A purely punitive approach can have a detrimental effect and may not address the underlying causes of the behaviour.
3. Analyse four factors that make children and young people in care particularly vulnerable to engagement in offending behaviour
Trauma and Adverse Childhood Experiences (ACEs)
CYP who have experienced trauma or adverse childhood experiences and who are also in care may have an increased risk of becoming involved in offending behaviour.
Traumatised CYP may experience difficulties with emotional regulation, which can contribute to aggression, conflict and social isolation. Children who have experienced ACEs may also be more likely to display behaviours that bring them into contact with the youth justice system.
Instability
CYP in care may experience multiple placement moves, which can create significant instability. Repeated changes can cause a CYP to feel abandoned or less securely attached to the people caring for them.
For a CYP to develop trust in a carer and then experience that relationship ending can have a detrimental effect. Placement instability can therefore make it more difficult for a CYP to form secure attachments and may increase their vulnerability to criminal involvement.
Social Isolation
CYP in care may experience social isolation, particularly if they are separated from positive peer groups or familiar communities. This can create vulnerability to individuals or groups involved in criminal activity.
A CYP may experience a sense of acceptance from peers who are involved in offending, even if those relationships are ultimately harmful or unstable. The desire for friendship and belonging can therefore make a vulnerable CYP more susceptible to negative peer influence.
Unmet Needs
Unmet emotional, educational, social or developmental needs can also increase vulnerability. If these needs are not identified and supported, a CYP may seek alternative ways of coping or finding belonging.
Understanding the individual circumstances and needs of each CYP is therefore important in reducing the likelihood of offending behaviour.
4. Explain how poor behaviour management by staff and strategies used by them can escalate the criminalisation of CYP
Poor behaviour management by staff can contribute to the criminalisation of CYP in a number of ways. A CYP may feel that they are not being supported or understood by staff. When a CYP is experiencing behavioural difficulties, this can be an important opportunity for staff and professionals to understand their needs and identify the factors contributing to their behaviour.
A lack of understanding of a CYP’s history and the ‘push’ and ‘pull’ factors influencing their behaviour may make it more difficult to support positive change. Underlying issues such as childhood trauma, learning difficulties or other vulnerabilities may contribute to behaviour that appears challenging.
If these issues are not understood or supported, the behaviour may continue or escalate. Staff may also begin to view the CYP negatively, describing them as a ‘menace’ or ‘nuisance’. Such labelling can reduce empathy and contribute to the CYP becoming further alienated from society.
If a CYP is repeatedly treated as though they are problematic, they may begin to internalise this view and behave accordingly. Poor behaviour management can also contribute to a CYP becoming more isolated from their community. Exclusion from education can have a particularly detrimental effect.
Similarly, imposing disproportionately harsh consequences for relatively minor incidents may increase the likelihood of police or criminal justice involvement without necessarily supporting meaningful behavioural change.
There may, however, be circumstances where behaviour is beyond the ability of staff or youth justice professionals to safely manage. In such circumstances, police involvement may be necessary. For example, if a CYP is displaying serious aggression and a youth justice worker feels threatened, contacting the police may be justified.
However, CYP with complex histories require an appropriate and trauma-informed response. A CYP may interpret police involvement as something that gives them status among peers. CYP who have experienced ACEs may have significant difficulties managing their emotions; this should not automatically be interpreted as deliberate defiance.
Staff who build trusting relationships with CYP can occupy an important position between that of a supportive mentor and an authority figure. Where possible, staff should help CYP develop skills to manage emotions and resolve conflict rather than relying unnecessarily on police intervention.
5. Analyse the risks of systematically classifying behaviour as offending rather than seeking alternative responses
Systematically classifying behaviour as offending, rather than considering alternative responses, can increase the risk of unnecessarily criminalising children and young people.
Not all offending behaviour presents the same level of risk, and it is important to consider how much support a child requires and whether trauma or other experiences have contributed to their behaviour. A CYP may still be living with the effects of previous trauma, and alternative responses may provide a more appropriate way of addressing the underlying issues.
One alternative approach is to recognise that CYP are still developing. They may act impulsively, be strongly influenced by peers or seek friendship and acceptance. A CYP may not fully understand the risks they are taking or the potential consequences of their behaviour.
This raises questions about the level of support available to the CYP and the circumstances in which they are living. Children in care should have plans and assessments that identify their needs, but there may still be areas requiring further attention, including trauma and emotional wellbeing.
Trauma-informed practice can therefore provide an alternative to simply labelling behaviour as offending. This does not mean minimising the impact of offending behaviour or removing responsibility from the CYP. Instead, it recognises their developmental needs and seeks to address the factors contributing to the behaviour.
Repeated arrests or police attendance at a CYP’s home may result in them becoming labelled as disruptive or violent. This can affect not only the CYP’s relationship with the police but also how police officers view the CYP within the wider community.
If the CYP begins to associate police involvement only with conflict and punishment, the relationship may deteriorate and make future police involvement more difficult.
6. Describe methods to reduce the risk of criminalising children and young people
It is important to reduce the risk of criminalising CYP through a range of approaches. Early intervention should be considered when concerns about a CYP’s behaviour emerge, allowing multiple agencies to become involved where appropriate.
Trauma-informed practice should be a normal part of working with CYP. Children in residential care can be particularly vulnerable and may have a range of unmet needs. Effective assessment and support can help identify these needs before behaviour escalates.
Where an offence has occurred, restorative justice can provide an opportunity for a CYP to understand the impact of their actions rather than simply receiving a punitive response.
Youth justice services have an important role when an offence has been committed, but the CYP’s background and circumstances should also be considered. Residential care involves a range of professionals who can provide information and support that may not be available when a CYP lives in a family environment.
All professionals should work towards reducing unnecessary criminalisation while ensuring that offending behaviour is appropriately addressed.
7. Describe the principles of the workplace Police Involvement Policy
The principles of a workplace Police Involvement Policy include transparency, cooperation, confidentiality, legal compliance, training and awareness.
Transparency relates to how staff communicate and interact with the police. This means providing accurate and unambiguous information so that the police can understand the circumstances and determine whether their intervention is necessary.
Cooperation involves providing appropriate information and support during an investigation. At the same time, confidentiality and the privacy of the CYP remain important. Information should only be shared with the police when legally required or otherwise appropriate, and it should be handled carefully.
Legal compliance requires staff to ensure that information sharing and police involvement follow relevant legislation, regulations and organisational procedures. Staff should receive appropriate training and maintain awareness of the Police Involvement Policy.
Police involvement may be necessary where there is a risk to life, a risk of serious harm or a need to prevent a crime. For example, a CYP possessing a weapon presents a serious and potentially dangerous situation.
There may also be situations where police involvement is not appropriate, such as certain medical or emotional wellbeing concerns. The aim should be to ensure that the CYP receives the right support from the appropriate professional as quickly as possible.
Each situation involving a CYP should be considered individually. Police should not be called simply because a CYP refuses to go to bed, for example. Unnecessary police attendance can increase the CYP’s contact with the criminal justice system and potentially contribute to criminalisation.
Before contacting the police, staff should consider whether the situation can be safely managed within the home and whether other interventions are more appropriate. However, there are circumstances in which police involvement is necessary, including a missing child, significant safeguarding concerns or a severe emotional or behavioural crisis.
A missing child from a children’s home is particularly vulnerable because of their age, circumstances and potential exposure to exploitation. There may be concerns about child sexual exploitation or criminal exploitation occurring away from the home.
Significant trauma can also result in extreme behaviour that places the CYP, staff or other residents at risk. In such circumstances, police involvement may be required to protect everyone involved. For example, police may need to attend where an unknown person is threatening residents or staff.
When the police are called, it should be clear that this has occurred because of the seriousness of the situation and not simply because the CYP is displaying challenging behaviour.
Examples of situations requiring police involvement can occur both inside and outside the home. Within the home, a CYP assaulting a staff member or making serious threats may result in police involvement. Similarly, throwing furniture or other objects can create significant risks to staff and other residents, particularly if broken objects could be used as weapons.
Safeguarding concerns disclosed by a CYP may also require police involvement. These could include criminal exploitation, sexual abuse or serious youth violence. In such circumstances, the police may need to attend the home to speak with the CYP and establish the appropriate safeguarding response.
8. Outline the role of the following agencies in the youth justice system
Youth Offending Teams (YOT)
Youth Offending Teams comprise professionals from a range of services, including social care, the police, CAMHS, health and education.
A youth justice officer assesses a CYP who has committed an offence and has been identified by the police. The assessment considers the underlying factors contributing to the CYP’s actions and may use assessment frameworks such as AssetPlus.
Depending on the length and type of the order, the youth justice officer will manage the CYP’s involvement and coordinate with external agencies where required. Youth justice teams can also contribute to the court process by preparing pre-sentence reports.
Crown Prosecution Service (CPS)
The Crown Prosecution Service reviews evidence relating to an alleged offence and makes decisions about whether a case should proceed to court.
Within the court system, prosecutors manage cases and present evidence. When dealing with CYP, information and proceedings should be presented in a way that is appropriate and understandable for a child.
Drug and Alcohol Services
Youth drug and alcohol services provide programmes designed to prevent CYP from misusing drugs and alcohol. Support can also be provided to CYP who are already using substances, including harm-reduction advice, education and support to manage their use.
Education Services
Some CYP involved with youth justice may be out of formal education, and alternative educational provision may therefore be required.
The overall aim should be to support the CYP to access appropriate education, which may include a mainstream school with a different or reduced timetable where appropriate.
Alternative provision can also support CYP who have been excluded from school or who are experiencing emotional or behavioural difficulties. Tailored educational programmes can be particularly valuable for CYP involved with youth justice.
Child and Adolescent Mental Health Services (CAMHS)
CAMHS provides specialist assessment and treatment for CYP experiencing significant mental health difficulties.
This can include support relating to depression, eating disorders and behavioural difficulties. CAMHS teams may include psychiatrists, psychologists, mental health nurses, family therapists and counsellors.
9. Explain the role of a practitioner in relation to the youth justice system
A staff member’s role as a practitioner within residential childcare involves providing frontline support to CYP. Before police involvement becomes necessary, staff should manage behaviour appropriately, maintain clear boundaries and provide support intended to reduce negative or offending behaviour.
This responsibility is not carried out by one staff member alone. It involves colleagues, social workers and other professionals and agencies. Mental health and substance misuse services may also provide important support.
Trauma-informed practice is an important part of the care provided by staff. Another key responsibility is providing stability across different areas of the CYP’s life, including education, accommodation and leisure activities. Maintaining stability can support desistance from offending behaviour.
Where a CYP becomes involved with youth justice, the staff member can provide important information and liaise with the youth justice officer. Youth justice professionals may not spend as much time with the CYP as residential staff do, meaning that staff can provide valuable background information and context.
Staff can also contact youth justice professionals for guidance and support. Where the CYP is subject to a youth justice order, the youth justice officer will have a plan which staff can support.
If a CYP is arrested and the staff member was not involved in the incident, the staff member may accompany them to the police station and, where appropriate, act as their appropriate adult.
If the case proceeds to court, a staff member may support the CYP by accompanying them to court and remaining with them during the proceedings. This provides practical and emotional support and ensures that the CYP does not have to attend alone.
Following court, the CYP may need to attend meetings with the Youth Justice Service. Staff can support attendance and encourage the CYP to engage with the process. The YJS officer will work with the CYP to build a relationship and support them throughout their involvement with youth justice.
10. Analyse the following assessment tools used in the youth justice system
National Standards for the Youth Justice Service
The National Standards recognise the minimum standards expected of agencies providing services to CYP involved with youth justice.
AssetPlus and Onset Framework
Asset and Onset were frameworks used within youth justice to assess the circumstances, concerns and vulnerabilities of CYP and to inform planning.
These frameworks provide insight into the CYP and the risks they may present, as well as the factors that can be used to manage those risks. They consider risk, needs and protective factors and can help identify areas requiring intervention.
Common Assessment Framework
The Common Assessment Framework is a process designed to identify the additional needs of CYP and support agencies to work together.
The process involves identifying needs, assessing those needs, providing appropriate support and reviewing the support provided. A review may identify additional needs or indicate that further support is required.
11. Explain how to contribute to a holistic care plan for a child or young person engaged with the youth justice system
Contributing to a holistic care plan for a CYP engaged with youth justice requires a multi-agency, child-first approach.
The plan should address the needs of the child, which may include emotional, social and educational needs, while still recognising and addressing their offending behaviour.
Where specific needs are identified, appropriate external agencies should be involved. The plan should also recognise that the CYP has a voice, wishes and feelings.
A holistic care plan should therefore not only address the CYP’s immediate needs but also empower them to participate in decisions about their care. It should consider the factors and triggers that may contribute to offending behaviour rather than focusing exclusively on the offence itself.
12. Describe the processes for informing social workers and those with parental responsibility of police involvement
Informing social workers and those with parental responsibility about police involvement is an important part of safeguarding and professional communication.
Communication should take place as soon as possible so that the social worker and relevant professionals can become involved from the beginning. Social workers can engage with the family and assess the risks and needs of the CYP.
Clear communication is essential, with information and details recorded accurately. Staff should ensure that they are fulfilling their responsibilities within their role.
Although informing the social worker is a priority, consideration should also be given to whether informing someone with parental responsibility could affect an ongoing investigation or the welfare of the CYP.
When a CYP is arrested, the police may inform the social worker, residential manager and local authority by telephone or by attending the residential home.
The social worker will usually contact parents or others with parental responsibility to inform them of the arrest. However, this may not always be appropriate depending on the CYP’s welfare and the circumstances of the case.
For a looked-after child, the residential home and relevant professionals have an important role in supporting the CYP and ensuring that appropriate people are informed.
13. Outline the legislation relating to the court system for youth justice
Legislation relating to youth courts recognises the differences between children and adults within the justice system.
Youth courts are generally closed to the public and do not have a public gallery in the same way as adult courts. Youth justice places significant emphasis on the welfare and development of the child, with diversion and rehabilitation being important principles.
Community-based interventions, restorative justice, counselling and out-of-court disposals can form part of the youth justice process. This means that many cases do not necessarily proceed to court.
However, serious cases may still need to be addressed by the courts. Where a CYP attends court, they can have legal representation and proceedings should take account of their age, development and understanding.
In England, the Youth Justice System primarily deals with CYP aged between 10 and 17. The age of criminal responsibility begins at 10.
Youth courts are generally closed, meaning that only people who need to be present are allowed into the courtroom. This differs from adult courts, which generally have a public gallery.
CYP should have information and proceedings explained in language that they can understand. Although the court remains a formal environment, the procedures should be explained in a way that recognises the child’s age and level of understanding.
The youth justice system recognises the difference between adults and CYP and provides opportunities for rehabilitation and positive participation in the community.
14. Describe the sentencing process
The seriousness of the offence is an important starting point when considering sentencing. However, sentencing for a CYP should take account of their individual circumstances, development and welfare.
The approach should not focus solely on punishment for the offence. Rehabilitation and the impact of the sentence on the CYP should also be considered.
An important aim is to avoid unnecessarily criminalising the CYP or creating a pattern of offending behaviour. Sentencing should encourage the CYP to take responsibility for their actions while supporting their positive development and reintegration into the community.
Sentences can vary depending on the circumstances. Some CYP may receive a police caution or an out-of-court disposal involving youth justice services. More serious offences may require the case to proceed to court.
The seriousness of the offence will influence whether a court appearance is required.
15. Explain the function of Court Reports
Court reports, including pre-sentence reports, provide the court with information about a CYP’s background, circumstances, vulnerabilities, risks and needs.
This information helps the court determine an appropriate and constructive sentence. The report provides a broader understanding of the CYP’s life and the factors that may have contributed to their offending behaviour.
Reports can cover areas such as education, family circumstances and health. They may also identify underlying issues that could be contributing to offending behaviour.
The assessor can make recommendations relating to sentencing and rehabilitation. This information can help the court consider an order that is appropriate to the individual CYP.
A pre-sentence report is therefore an important document because it provides information about the CYP’s circumstances, risks and needs. Conditions can be included within an order to support rehabilitation and address identified needs.
16. Summarise the main disposal options for children and young people
Disposal options take account of the seriousness of the offence.
At a lower level, a community resolution may involve actions such as apologising to the victim and does not involve court proceedings.
Other options may include No Further Action (NFA), which can sometimes include an element of diversion, such as educational or restorative work.
A youth caution is another disposal option where prosecution is not required.
A youth conditional caution can involve conditions requiring the CYP to work with youth justice services and other agencies for a specified period. Failure to engage can result in further youth justice involvement.
For more serious offences, youth courts can issue referral orders, involving longer periods of youth justice supervision and work with a panel of community volunteers.
Other possible sentences include:
Fine
A financial penalty that takes the CYP’s financial circumstances into account.
Absolute Discharge
No further punishment is imposed, with the court appearance itself being considered sufficient.
Conditional Discharge
If the CYP commits another offence during the specified period, they may be sentenced for the original offence as well as the new offence.
Referral Order
A referral order can apply to certain first-time offenders and involves working with a Youth Justice Service panel to create a contract lasting between three and twelve months.
Youth Rehabilitation Order
A Youth Rehabilitation Order can last for up to three years and involves the CYP working with a Youth Justice Service officer.
Detention and Training Order
A Detention and Training Order can last between four and twelve months. Part of the order is spent in secure accommodation and the remainder in the community.
Longer-Term Detention
In more serious circumstances, a child may be detained for a longer period and may remain in custody beyond their 18th birthday.
17. Describe the systems in place for supporting compliance with disposal requirements
Supporting compliance with a disposal order is an important part of helping a CYP engage with youth justice and avoid further court involvement for non-compliance.
The focus should be on rehabilitation rather than simply the offence. A CYP may disengage if they feel that their needs are not being addressed.
Issues such as mental health, substance misuse and lack of positive community involvement should therefore be considered.
Positive activities can help enrich a CYP’s life and provide alternatives to negative peer influences. For example, involvement in sailing, boxing or football can provide meaningful activities and opportunities for positive relationships.
Activities that the CYP can relate to can also strengthen the relationship between the CYP and the youth justice officer. Building trust can help the CYP recognise that youth justice is addressing the underlying causes of offending rather than focusing only on the offence.
At the same time, the CYP needs to understand the consequences of non-compliance. In some circumstances, further court action or another disposal may be imposed, potentially extending the period of youth justice involvement.
A Youth Rehabilitation Order may also include electronic monitoring. A tag can be attached to the CYP’s ankle and may be used to monitor requirements such as curfews or exclusion zones.
If the CYP breaches these requirements, the monitoring service can notify the Youth Justice Service, which can then take appropriate action.
18. Explain ways to minimise the high level of breaches of disposal requirements by young people in residential childcare
High levels of breaches can be particularly challenging for CYP living in residential care. Breaches can make it more difficult for the CYP to complete their disposal and may result in further involvement with youth justice.
It is important for the CYP to understand the significance of engaging with the order and the potential consequences of breaches.
The CYP should be supported to take ownership of the disposal and understand the objectives identified by the youth justice officer. At the same time, all professionals should provide positive reinforcement and encourage engagement.
Residential staff have an important role in supporting the CYP while they are working with the Youth Justice Service.
A CYP may not initially understand the importance of attending meetings or engaging with the order. Staff should explain that the order is intended to support them and is not simply a punitive measure.
Consistent routines can help. Staff can remind the CYP about meetings and ensure that they are at home and prepared to attend. Keeping meetings on the same day and at the same time where possible can also provide structure.
The same approach can be applied to curfews. Staff can remind the CYP about the requirement and help them plan their activities so that they have enough time to return before the curfew.
Where appropriate and in accordance with the care plan, staff may support the CYP with transport or collection to ensure that they can meet the requirements of their order.
Where a sentence involves a fine, the CYP may be required to pay the amount from their available pocket money, with the arrangements determined by the court.
19. Describe the processes for responding to breaches of disposal requirements
Responses to breaches of a disposal order should be prompt and appropriately documented.
The CYP’s intentions, together with the nature and seriousness of the breach, should be considered. The CYP should be informed of the breach and the potential consequences of further non-compliance.
Any meetings or requirements should have been clearly explained to the CYP beforehand. This helps prevent confusion about what was expected of them.
The CYP should receive appropriate support to attend required meetings and understand their responsibilities.
It should be made clear to the CYP that non-compliance may result in further action. A warning letter can formally document the breach and explain that continued non-compliance could result in the order being returned to court or further action being taken by youth justice services.
20. Describe the different types of secure settings experienced by children and young people
There are three main types of secure settings experienced by CYP:
- Secure children’s homes
- Secure training centres
- Young offender institutions
Secure children’s homes are operated by local authorities and provide a child-focused secure environment. CYP may be placed in secure accommodation where their circumstances present significant risks to themselves or others.
Secure training centres provide secure accommodation alongside education, training and development opportunities.
Young offender institutions are primarily used for older CYP who have received custodial sentences for more serious offences.
21. Analyse why children and young people in secure settings are at higher risk of poor outcomes than others in residential care
CYP in secure settings can be at greater risk of poor outcomes because of the complex challenges they may already be experiencing.
A CYP entering secure accommodation may have reached this point as a last resort and may present significant risks to themselves or others. Some may have a history of absconding from residential care or other placements.
Moving into secure accommodation can also result in the CYP being labelled or stigmatised, which may negatively affect their self-esteem and identity.
Secure settings can have limited resources and services, and a lack of resources may restrict opportunities for personal development. Staff may spend considerable time managing serious behaviour, including violence or self-harm, rather than focusing on longer-term developmental needs.
The highly controlled environment can also cause CYP to feel powerless. Where the immediate priority is safety and welfare, personal development and positive outcomes may receive less attention.
High staff turnover can further contribute to inconsistent relationships and support. CYP who have already experienced instability may find further changes in staff particularly difficult.
Secure settings can also disrupt education, family contact and relationships with friends. A placement may last for several months, interrupting educational progress and reducing opportunities for regular contact with family and friends.
The strict nature of secure environments can also affect a CYP’s emotional wellbeing. CYP may be living alongside others with complex needs while dealing with their own difficulties.
Although secure settings provide education, healthcare and family contact, these areas may not initially be the immediate priority. The first priority may be stabilising the CYP and ensuring their safety.
Once stability has been established, services can focus more closely on education, family relationships and longer-term development.
22. Describe approaches that can improve outcomes for children and young people in secure settings
Improving outcomes for CYP in secure settings requires a range of approaches.
Given that many CYP may have experienced significant trauma, trauma-informed practice is particularly important. CYP with multiple adverse childhood experiences need a caring, compassionate and consistent approach from the staff supporting them.
Personalised care plans should recognise the individual needs of each CYP and identify the support required. Where necessary, external agencies should be involved.
The CYP should be involved in developing their care plan. This promotes ownership and ensures that their views, wishes and feelings are considered.
Education is another important factor. This should not be limited to academic education but should include social skills, life skills and emotional regulation.
Supporting CYP to develop positive relationships and participate in their community can help prepare them for life beyond the secure setting.
Family involvement is also important. Regular and positive family contact can support rehabilitation and provide continuity in the CYP’s life.
23. Describe the challenges faced by children and young people moving within the secure estate to another secure setting
CYP moving within the secure estate can face a number of significant challenges.
Many CYP in secure settings have already experienced considerable trauma, and another move can exacerbate previous difficulties. The disruption may increase anxiety and feelings of isolation.
Moving to a new setting can also mean being separated from family and friends. The CYP may lose relationships that they have developed over time within their previous secure placement.
Services that were established in the previous setting may also be disrupted. Education, healthcare, support services and relationships with professionals may not immediately transfer to the new setting.
This disruption can affect the CYP’s confidence, self-esteem, identity and development.
24. Analyse factors for the successful transfer of children and young people between settings within the secure estate and into an adult facility
Transferring CYP between secure settings and eventually into adult facilities requires careful planning and a smooth transition.
Continuity of Services
Transitions into adult facilities can result in gaps in services or changes in the level of support available. Existing tailored services may be lost, creating a significant difference between the intensive support available to a CYP and the support available within an adult setting.
Individual Needs
Each CYP has individual needs relating to education, health, family relationships and, in some cases, special educational needs and disabilities (SEND).
If an adult service does not provide appropriate support for these needs, the individual may struggle to continue developing and progressing.
Change of Environment
The transition from being treated as a CYP to being treated as an adult can be significant. At 18, the individual may experience substantial changes in expectations, responsibilities and the level of direct support available.
Moving from a secure setting for CYP into an adult environment can therefore be difficult. Appropriate preparation and familiarisation with the new environment are important.
Transfer Evaluation
Post-transfer evaluations and regular check-ins can support a successful transition. Services may need to be adjusted after the move, and feedback from professionals and the individual can identify concerns.
It is important to consider how well the individual is adapting to the new environment and whether the available services continue to meet their needs.
Staff and Professional Communication
Effective communication between agencies supports smoother transitions between secure settings. Information should be shared accurately and promptly so that support can continue without unnecessary disruption.
Individual Transition Plans
Each CYP has their own needs, circumstances and experiences. A robust transition plan should identify these factors and ensure that all relevant parties understand what support is required.
This helps the receiving secure setting provide continuity and consistency from the beginning of the placement.
25. Analyse factors for the successful resettlement of children and young people back into the community
Resettling a CYP back into the community can be a complex process and requires careful planning and ongoing support.
Support Network
A strong support network is an important factor in a successful transition. Family relationships can provide practical and emotional support as the CYP returns to the community.
The CYP may also require continued support from local agencies, including mental health or drug and alcohol services. Continuity of these services is important in reducing the risk of relapse or further difficulties.
Education and Training
Continuing education or training is important, particularly for older CYP and those aged over 16.
A CYP with SEND may require specialist educational or training support. Vocational training can also help older CYP develop employability skills and greater independence.
Housing
Suitable accommodation is another important factor. It may not always be appropriate or possible for the CYP to return to their family home.
Unstable accommodation or repeated placement moves can negatively affect a CYP. The local area may also expose them to unsafe influences or negative peer relationships.
Older CYP may require support to develop independent living skills, and appropriate assistance with housing costs can help reduce financial pressure and stress.
Employment
For older CYP, employment, apprenticeships or other meaningful vocational opportunities can be an important part of successful resettlement.
Employment can provide structure, independence, hope and positive connections within the community. Supporting a CYP to develop these opportunities can therefore contribute to their longer-term development and successful reintegration.
