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As a result of the Curtis Report (1946), commissioned by the government because of public outrage at the ill-treatment of children in the care of the State, the Children Act (1948) was enacted. The duties and responsibilities of local authorities towards children and young people have been developed over the years through a series of subsequent Acts that have had a particular focus on the need to safeguard and promote their welfare when acting as a corporate parent; that is to say when they are delivering the same (or similar) duties that parents owe their children.

We can generally assume that where a young person is sent to custody, all the efforts made whilst they were in the community to try and prevent that incarceration have failed. The family has been unsuccessful as have the local authority's efforts to restrain that young person's behaviour. 99.99% of young people who have experienced custody are eventually released back to the community. Resettlement then becomes a social care issue where the family and/or the local authority have duties and responsibilities to fulfil. But to respond effectively to the needs of this minority group, a local authority must first be willing to understand and acknowledge the true scale and nature of a young person's disadvantage, and then be willing to act in response to those needs, and in accordance with their legislative duties.

To illustrate the point: The long-term prognosis is not very positive for the young 16-year old custody leaver who has been out of mainstream school since he was 12; who has the literacy and numeracy levels of an 11-year old or under; who's pre-custody life-style included the habitual use of drugs and alcohol; who suffers with low mental health problems; who has low self-esteem; who has minimal contact with any positive male adult role models; who has had little preparation in the practicalities of independent living; and now has a custodial as well as a criminal record.

That is the reality for a good proportion of the young people leaving custody today. That is also why it is imperative that the duties and responsibilities set out in the Children Act, be stringently applied to their circumstances if they are to ever achieve positive long-term resettlement outcomes.