NYSCP

Death of a Care Leaver Process for North Yorkshire and City of York

Introduction

As outlined within Working Together (2023) and the Children Act (2024) as amended by the Children and Social Work Act (2017) local authorities have a duty to notify incidents to the Child Safeguarding Practice Review Panel where a local authority in England knows or suspects that a child has been abused or neglected and

(a) the child dies or is seriously harmed in the local authority’s area

(b) while normally resident in the local authority’s area, the child dies or is seriously harmed outside England

This includes children that are in the care of the local authority and care leavers up to and including the age of 17 years regardless of abuse or neglect being present.

From December 2023, revisions to Working Together (2023) has meant that local authorities should now also notify the Secretary of State for Education and Ofsted of the death of a care leaver aged up and including the age of 24 where they are aware of their care leaver status and regardless of abuse or neglect being present.

Definitions

Child

A ‘child’ is anyone aged under 18.

Looked after child

A child is looked-after by a local authority if he or she falls into one of the following:

• is provided with accommodation, for a continuous period of more than 24 hours

• is subject to a care order

• is subject to a placement order

Care leaver

A care leaver is anyone aged up to their 25th birthday and meets both of the following criteria:

• is no longer looked-after

• has been looked after for at least 13 weeks which began after they reached the age of 14 and ended after they reached the age of 16.

Care leavers are entitled to support from their Personal Adviser up to their 25th birthday. Local authorities are required to keep in touch with all care leavers up the point they reach age 21; and to make their best efforts to contact all care leavers aged 21 to 24 annually to remind them that they remain eligible for support.

If a young person chooses not to take up support between 21-24 years of age, we understand that the local authority might not be aware of a care leaver’s whereabouts or circumstances (and therefore their death). This is why the requirement for a notification is not mandatory.

If you become aware of a Death of a Care Leaver and how to report this?

North Yorkshire and City of York local authority areas have agreed that any notification of a child or young person who was a Care Leaver[1] (up to the age of 24) at the time of their death will be reported via CDOP.

All agencies/practitioners who work in either local authority areas and are or become aware of the death of a care leaver up to the age of 24 then you are responsible for completing the Child Death Form (or submit the Child Death Notification Form [Word version] by email to cdop@northyorks.gov.uk)..

On receipt of this form the Child Death Review Officer will send out an email to the respective local authorities to notify them that a death of a care leaver has been reported.

Following notification each local authority area is responsible for notifying relevant government departments as outlined in Working Together (2023) and instigating any further reviews.

Out of Area Children/Young People

Where CDOP have been notified of a care leaver who has been placed by another local authority area CDOP will notify that local authority of their death as the placing authority should be responsible for reporting of this.

Notifying the Secretary of State and Ofsted

The local authority, on behalf of the safeguarding partners should notify the Secretary of State for Education and Ofsted of the death of a care leaver up to and including the age of 24 within five working days of becoming aware that this has occurred. This notification should be done via the Child Safeguarding Online Notification System (or submit the Child Death Notification Form [Word version] by email to cdop@northyorks.gov.uk).

Within the City of York, the Leaving Care Manager is responsible for pulling together relevant information in order for the Director of Safeguarding to submit a notification on behalf of safeguarding partners.

When a care leaver is aged:

under 18 years old, notifications should be made by selecting death of ‘Looked after child / Care leaver child (under 18 years old)’. Please continue to select ‘abuse’ and/or ‘neglect’ or ‘no abuse or neglect’. There will be an option on the ‘child detail’ page to identify the child as a care leaver.
18 years old up to their 25th birthday, notifications should be made by selecting death of ‘Care Leaver 18 years old up to 25th birthday’.

The information requested for the death of a care leaver is less than for a child serious incident notification.

Review and Learning

The Child Safeguarding Practice Review Panel will receive a copy of the notification but will not review this as their remit is children’s serious incidents up to and including children age 17. Ofsted will also be notified of the death of a care leaver through the notification system.

Rapid Review or Local Safeguarding Practice Review

The death of a care leaver does not require a rapid review or local child safeguarding practice review. However, safeguarding partners must consider whether the criteria for a serious incident has been met and respond accordingly, in the event the deceased care leaver was under the age of 18. If local partners think that learning can be gained from the death of a looked after child or care leaver in circumstances where those criteria do not apply, they may wish to undertake a local child safeguarding practice review.

It is the responsibility for each local authority area to decide.

For example for North Yorkshire and City of York discussions may be held with:

The three statutory safeguarding partners.
Children and Adult Services
Safeguarding Practice Review Subgroup (North Yorkshire only)
Case Review Subgroup (City of York).

Further Support/Guidance

For further support or guidance please go to:

[1] Care leavers are young people aged 16-25 years old who have been in care of the local authority at some point since they were 14-years old and were in care on or after their sixteenth birthday.

Last Updated 22 November 2024