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The beginning of the year is often a good time to reflect on the past and to focus on what is to come. I often ponder on resettlement histrionics and the barriers that seem to hamper any real progress in improving post-custodial outcomes for young people. Up to and including the 1990's, local authorities practiced an all-inclusive out-of-sight - out-of-mind policy towards young people in Prison Service accommodation, and there are those who say nothing much has changed.

A new government in 1997 proposed criminal justice reforms which eventually found their way onto the statute books as the Crime and Disorder Act 1998. Just prior to that in July 1997, Sir David Ramsbotham in his capacity as HM Chief Inspector of Prisons, wrote to the Permanent Secretary at the Home Office concerning the application of the 1989 Children Act to children and young people in young offender institutions (YOIs). At the time, Queen's Counsel was instructed to advise on behalf of the Secretary of State, and duly responded stating that the Children Act did not apply to juveniles detained under the Prison Act 1952.

On the 29th November 2002, The Honorable Mr Justice Munby delivered a landmark judgment, ruling that the 1989 Children Act does apply to children detained in YOIs, '...though it does not confer or impose any functions, powers, duties, responsibilities or obligations on the Prison Service or its staff'. Crucially, the judgment also stated that for local authorities, '...their powers, duties and responsibilities take effect subject to the necessary requirements of imprisonment'. Whilst the judicial review brought by the Howard League resulted in clarity regarding Children Act duties applying to young people in custody, what it apparently failed to do was encourage local authorities to also apply the Act to young people on their return to the community in order to identify and address need.

The Young People's Estate went on to engage in a process of radical reform, undertaking the first ever Child Protection and Safeguards Review of YOI custodial establishments in 2003, and as a consequence of the report's recommendations, managed to secure a £10.25m safeguards investment from the YJB for 2005-08. The investment included the introduction of 25 funded Social Worker posts and an Advocacy Service that is still active today.

However, the process of change was not without its challenges. One of the toughest included the engagement of YOI host local authorities in delivering child protection services within custody. Tougher still was securing the cooperation of home local authorities where a young person was either a looked after child, or in need of other post-custodial services under Children Act legislation. Child protection and safeguards policy and practice within the Young People's Estate subsequently improved to the degree that HMIP stated, 'it is now unrecognisable...' The same cannot be said of many local authorities resettlement practices, where achieving improved long-term outcomes for young custody leavers still remains a constant challenge.

Of all the resettlement barriers, perhaps the most critical of them all is the 'knowledge barrier'. Resettlement UK aims to confront this issue in 2012 through a series of events designed to increase knowledge and understanding of the legislative imperatives relating to the post-custodial social care that young people may be entitled to receive from their local authority. We aim to ensure that professionals are better prepared to support young people in accessing them. For more information click here...