A GUIDE TO LAW AND POLICY AROUND RUNNING AWAY

IT IS NOT a criminal offence for a young person to run away from home, foster care or a local authority residential unit. However, the police will generally return the young person to wherever they have run from. If the young person persists in running from a residential unit, in exceptional circumstances, they may become the subject of court proceedings to secure their return and may even be placed in secure accommodation.

IT IS a criminal offence to hide a young person and/or help them run away from his/her parents (Sec. 2 Child Abduction Act 1984), although prosecution is relatively uncommon, particularly if the “helper” is merely responding to the child’s needs or trying to help sort things out rather than actively encouraging them to run away. Prosecutions are also possible under the Sexual Offences Act 1956 sec. 20 and the Children’s Act 1989 sec. 49 although, again, much would depend on the intentions of the 'helper'.

In the case of agencies working to support young runaways, there is a possibility of prosecution if workers refuse to disclose their whereabouts although there is no absolute duty to immediately disclose to parents, police or other agencies. There may be differences in expectations of workers employed by statutory, as opposed to voluntary agencies and it is recommended that agencies consider carefully under what circumstances they are prepared to breach confidentiality and have clear policies and procedures.

Legal Responsibility

Generally, young people under the age of 18 are legally the responsibility of their parents. It is the duty of parents to accommodate their children in the family home or make suitable alternative arrangements for them, if living in the family home is no longer possible.

Once a young person reaches the age of 16, however, parents have limited powers to force them to return home.

If young people are 'looked after' by the local authority on a voluntary basis, their parents still have parental responsibility and must be consulted about decisions made by Social Services departments which concern their children.

Special provisions will apply if a young person runs away when:

• They are being 'looked after' by the local authority and the local authority has obtained a Care Order
• If someone else has been asked to care for them under an Emergency Protection Order (see below for a guide to these terms)
• If they are under police protection - a Police Protection Order

There is no power of arrest simply to return a missing person to the place they are reported missing from.

A young person who absconds from a local authority home, whose whereabouts are known, may not necessarily be a missing person.

A Care Order - (sec. 31 The Children’s Act 1989) is granted by a Court in circumstances where a child is suffering or likely to suffer significant harm as a result of the care being provided, or where the child is deemed to be beyond parental control. A care order does not automatically carry an authority which can enforce conditions of residence, neither will it automatically carry a power of arrest.

A Police Protection Order - PPO (sec. 44 The Children’s Act 1989) enables the Police to take a young person into 'police protection' if they feel the young person is likely to suffer significant harm if they continue to stay where they are.

Emergency Protection Order - EPO (sec. 44 The Children’s Act 1989). Anyone can apply for this Order, on behalf of the young person, if they feel the young person is likely to suffer significant harm by staying where they are. The applicant must be able to offer safe accommodation to the child and the order will only last for a maximum of 8 days.

A Recovery Order - RO (sec. 50 The Children’s Act 1989) can only be applied for by the Local Authority and only when the young person is in care or subject to an EPO or PPO. The order will give the Local Authority powers to recover the young person from where they have been staying and may be granted if the Court feels that:

• The young person has been unlawfully taken away
• Is being kept away
• Has run away
• Is missing

It is important to note that a Court will only grant any of these Orders in extreme circumstances - the agency or person applying for an Order must demonstrate that the young person is likely to suffer significant harm.

Where a young person is missing from a Local Authority placement, it is important to check the conditions of any Care Order prior to taking action, which removes the young person from the place found. There is no power of arrest simply to return a missing person to the place they are reported from.

If a young person found will not voluntarily accompany the police, and it is not suspected that they are at risk of significant harm, the Local Authority should be informed of the missing persons whereabouts. It will then be necessary for the Local Authority to obtain a Section 50 Recovery Order under the Children Act 1989. This order will give the police or other specified persons a power of entry and arrest.

If the young person found is suspected is suspected of being at risk of significant harm, they can be removed from the place found into Police Protection under Section 17 Police and Criminal Evidence Act, 1984

You can find more information on these websites:

www.childrenslegalcentre.com

www.doh.gov.uk

www.legalzone.co.uk