Consultation: The new remand framework for children: Allocation of new burdens funding to local authorities

What is it all about? The Legal Aid, Sentencing and Punishment of Offenders Act 2012, which received Royal Assent on 1 May, contained a number of changes to youth remand. These include giving local authorities greater financial responsibility for secure remand in order to encourage them to find community alternatives, and giving all children remanded to custody “looked-after” status. The consultation seeks views on the proposed financial arrangements that accompany the changes.

What are the main points? Financial responsibility for secure youth remands, the budget for which is held by the Youth Justice Board, will be devolved to local authorities from April 2013. It is proposed that £21.9m will be transferred to local authorities in both 2013/14 and 2014/15, based on historic figures of how many “bed nights” young offenders from each area spend on remand. The amount to be transferred is 15 per cent lower than the amount needed to cover the cost of remands in 2011/12. This is due to a predicted reduction in the use of remand as a result of a new “test” for juvenile remands whereby there must be a “realistic prospect” of the young person receiving a custodial sentence if they go on to be convicted. Local authorities will not receive additional funding for the cost of remands to secure children’s homes and secure training centres – known as court-ordered secure remands, for which councils currently pay one-third of the cost.

There will be no central budget to mitigate for the potential of “spike events” where a large number of young people are remanded during a short period of time, such as during the 2011 summer riots. To help pay for the estimated 2,300 additional looked-after children the changes will create, local authorities will also get an extra £2.7m in 2013/14, and £3.4m in 2014/15.

Who can have a say? Local authority chief executives, finance officers and directors of children’s services, as well as youth offending teams and those with an interest in youth justice issues in England and Wales.
When is the deadline? 16 November

Find out more https://consult.justice.gov.uk/digital-communications/remand-funding/