l - [2025] EWHC 2230 (Fam)

The facts

The background can be taken from the pre-sentence report prepared following Jake’s conviction in the criminal proceedings. The report says (correcting some minor infelicities in the English):

“Jake was a Child in Care in the Derby area from a very young age when he was removed from his mother’s care for neglect. He was placed in foster care and removed at the age of 6 when he was a victim of sexual assault from a 17-year-old male at the foster placement. Following this Jake was placed in the care of his paternal grandmother who was granted a Special Guardianship Order in 2016. [H]e continued to reside with his grandmother until she began to struggle with his behaviours linked to his own trauma from his childhood. In June 2023 Jake spent a short time with a family friend to try and ease the pressure his grandmother was feeling and for Children’s Services to put support in place. Unfortunately, this placement broke down as their relationship deteriorated and Jake was again placed as a Child in Care in July 2023 in a residential home in Hereford.

Whilst in Hereford further concerns were raised around Jake’s behaviour. He began using drugs and alcohol, there were frequent missing episodes and Jake was linked to peers who were well known to the Police. He was assessed as a high risk of criminal exploitation. There were occasions where staff at the home or who he was with and there were concerns for his safety and the safety of others. Jake was removed from this placement and returned to a residential home in Staffordshire in October 2023.

From this time Jake was frequently reported as a missing child and the longest absence was 5 days. During this time, he was heavily under the influence of drugs and alcohol. He admits to using cannabis, cocaine, Ketamine and drinking large amounts of alcohol to the point where is not in control and stated that he enjoys this feeling. There were also links to criminal activity and being in possession of weapons, namely knives/machetes. Jake would not disclose where he had been on these episodes or who he was with and there were concerns that he was at high risk of exploitation. Safety plans were put in place but Jake would not adhere to them. He continued to want to be with his friends. This continued until Jake was placed on remand at [a child detention facility] at his first appearance at Court on 30th April 2024, for the offences before Court today.”

On 6^th June 2024 the local authority was granted an interim care order in respect of Jake. On 18^th December 2024 Her Honour Judge Bailey sitting in the Family Court in Stoke-on-Trent granted the local authority a full care order.

In the meantime, on 4^th July 2024, Jake was convicted at Kidderminster Youth Court of the vaginal rape of a fourteen-year-old girl between 26^th and 29^th April 2024, digital penetration of the girl’s vagina between the same dates and oral rape of a fourteen-year-old girl on 26^th April 2024. He had been denied bail and kept in custody at [a child detention facility] from 30^th April 2024. The Youth Court considered its sentencing powers inadequate and committed him in custody to the Crown Court for sentence. At the Crown Court he was sentenced as a young person be detained for two and a half years pursuant to sections 249(1)(a) and 250 of the Sentencing Act 2020.

Jake contended at trial and still contends that the sexual relations were consensual, but the Youth Court did not accept that defence. Jake shows no contrition. He has brought no appeal against his convictions.

He was released on licence on 30^th July 2025 after serving half the custodial period imposed by the Crown Court (credit being given for the period from 30^th April 2024, when he was on remand). The licence is granted in the name of the Secretary of State. The period of the licence runs to 29^th October 2026, which is when the two and a half year sentence would expire after credit is given for the time spent on remand. He is under the supervision of [a named officer] of the Staffordshire Youth Justice Service presumably pursuant to section 38(4)(i) of the Crime and Disorder Act 1998. Although the Staffordshire Youth Justice Service is funded by the local authority, neither the Service nor its Youth Offender Team (“YOT”) which manages Jake have taken part in this application.

There are thirteen conditions of the licence under which he has been released. The first nine can be summarised as these: (i) to be “of good behaviour and not behave in a way which undermines the purpose of the licence period”; (ii) not to commit any offence; (iii) to keep in touch with his supervising officer; (iv) to receive visits from his supervising officer; (v) to reside permanently at a named address in Wrexham “and obtain the prior permission of the supervising officer for any stay of one or more nights at a different address”; (vi) not to undertake work, or a particular type of work, unless it is approved by the supervising officer; (vii) not to travel outside the United Kingdom, the Channel Islands or the Isle of Man except with the prior permission of his supervising officer; (viii) to tell his supervising officer if he uses a different name to that on the licence; and (ix) to tell his supervising officer if he changes any contact details. The remaining four I should quote in full, since the impact of these is controversial:

Confine yourself to an address approved by your supervising officer between the hours of 21:00 and 07:00 daily unless otherwise authorised by your supervising officer. This condition will be reviewed by your supervising officer on a monthly basis and may be amended or removed if it is felt that the level of risk that you present has reduced appropriately;

To comply with any requirements specified by your supervising officer for the purpose of ensuring that you address your sexual offending;

To comply with any requirements specified by your supervising officer to register and engage with an education provider;

To comply with any requirements specified by your supervising officer to register and engage with housing/your support networks.”

Paragraph 8 of the licence warns:

“If you fail to comply with any requirement of your supervision… or if you otherwise pose a risk to the public, you will be liable to have this licence revoked and be recalled to custody until the date on which your licence would otherwise have ended. If you are sent back to prison and are re-released before the end of your licence, you will still be subject to licensed supervision until the end of your sentence.