3.10.4 Children's Homes: Involving the Police - Joint Protocol |
SCOPE OF THIS CHAPTER
This chapter was introduced to this manual in March 2010
OTHER RELEVANT CHAPTERS
Contents
1. Introduction
This joint Protocol acknowledges the good practice and professionalism of all agencies and staff working within residential Children's Homes in the Royal Borough of Kensington and Chelsea. The Protocol has been designed to reinforce and extend good practices and to contribute to the culture of 'continuous improvement' advocated by all agencies.
It is anticipated that the standardised approaches and guidance contained within the protocol will act as a framework for ensuring best practice in Children's Homes in the Royal Borough of Kensington and Chelsea.
The protocol aims to strike a balance between the rights and needs of the children and young people Looked After, the rights of staff and the Local Authority's decision to instigate Police action.
The Protocol underlines the importance of regular and effective liaison between the Children's Home and the local Police
While Family Services Staff should report known or suspected crimes to the Police, they will need to use their judgement about where this threshold lies particularly if the information to hand is slight and the crime, or suspected crime, is of a minor nature.
The fact that staff report an incident does not mean that the Police will follow pre-decided action, or in some cases any action at all. Wherever possible, as defined in this protocol, the action to be taken will be determined following discussions by all concerned, including wherever possible the young person, about the most appropriate response.
2. Requirements for Police Involvement in Children's Homes
Staff need to consider the nature and seriousness of the incident before deciding whether to involve the Police immediately, at a later stage, or whether to involve them at all. Except when urgent action is required they should consult with the manager and where possible the child's social worker before taking action.
It is crucial that communication between residential home staff and the police regarding the incident is clear and factual.
The following situations are the most common ones in Children's Homes where Police involvement might be possible.2.1 Violence by a Child or Young Person on Another
Incidents between residents within the Home range from minor disagreements through to serious assaults where physical injury is caused. Such incidents can be complicated by having two vulnerable parties. Family Service staff will need to ensure that internal Health and Safety and incident reporting procedures are followed.
Attendant factors for this category of offences are listed below
- Wishes of the victim
- Severity of injury sustained/nature of threat received by the victim
- Probability of a repeat incident
- Previous relationship between victim and offender
- Potential impact on the child/young person following formal Police involvement
- Effectiveness of Police action/court proceedings
- Future best interests of both parties
- Message sent to other residents
- Availability of alternative courses of action (e.g. restorative approaches - with the consent of the victim).
2.2 Violence to Staff by a Child or Young Person
Violence towards members of unit staff can vary from verbal threats to physical acts amounting to assault and battery. Whilst each Home has the responsibility of care towards the residents, their welfare needs must be balanced with the rights of staff not to be subjected to violence in the course of their duties. Such incidents are affected by factors similar to those listed in section 2.1 Violence by a Child or Young Person on Another.
Where there is no immediate continuing threat of violence, it is in the best interests of the staff member to take time to discuss and consider possible options. This however does not remove the individual's right to involve the Police.
Following such incidents it is important that staff utilise standard debriefing processes.
2.3 Criminal Damage Within the Home
The majority of incidents involve damage to the Children's Home.
It is important to see these in the context of the needs of the child and whether involving the Police is an effective and proportionate response. Factors to consider are:
- Level/value of damage caused
- Previous incidents of a similar nature by the same child or young person
- Suitability and effectiveness of Police involvement
- Impact of Police involvement on the child's overall Care Plan
- Message sent to other residents
- Availability of alternative courses of action (e.g. restorative approaches - with the consent of the victim)
2.4 Theft Within the Home
Most offences of theft within a home are likely to be low value, although it should be emphasised that value is a subjective issue relative to the victim.
Factors to be considered include:
- Wishes of the victim
- Nature and seriousness of the allegation
- Requirement for formal investigation (e.g. Insurance Claim requires a crime reference report within 24 hours)
- Availability of alternative courses of action (e.g. restorative approaches).
2.5 Criminal Damage to Staff Car/Property
Factors for consideration would be similar to those listed at section 2.3 Criminal Damage Within the Home, together with:
- Nature and seriousness of the allegation
- Requirement for formal investigation (e.g. Insurance Claim)
- Wishes and best interest of the victim
- Availability of alternative courses of action (e.g. restorative approaches)
2.6 Disorder in or Around the House
The area of disorder is subjective and requires judgement by staff to avoid unnecessary Police involvement for minor infringements of discipline. The main factors which should be considered are:
- Nature and seriousness of the disorder
- Risk of or threat of violence
- The wishes of and impact on the immediate community
- The availability of alternative courses of action (e.g. restorative approaches)
2.7 Substance Misuse
Also see Drugs and Substance Misuse Procedure
The misuse of controlled drugs within a Children's Home is a serious issue and it is essential that the response is prompt and effective. In responding to incidents, residential staff will be guided by the Government's Tackling Drugs Together strategy which proposes collaborative action to:
- Address any alcohol and other drugs issues with young people
- Minimise the health risks and other damage associated with substance use by young people.
- Increase the safety of communities from drug-related crime.
Residential staff will need to balance these principles with their duty of care for the young people in the Home, and their role in managing young people's behaviour as part of their care responsibilities, as well as their responsibilities to the wider community.
In practice Residential Staff should inform the Police immediately if it is established that a young person is using illegal substances or illegal substances are found on the premises.
It is important that all action taken is recorded.
Where drugs and drug-related material is found within the home and no individual is identified for possessing these items, they should be stored securely before handing them to the Police. These should not be disposed of by staff. These can be handed over for disposal to the police. The signature of the Police Officer removing the materials should be obtained.
A record of the removal should be kept by staff which includes:
- a name of the person removing the material
- a description of the material
- the circumstances of the removal
- the time and date of the removal
- the time and date that the material is placed in secure storage
- the signature of the person putting the article in to storage countersigned by a second member of staff.
- the time and date of notification to the Police, and the message number provided by the Police control room
- the time and date the material was removed by the Police
To ensure that controlled substances are not stored in a Children's Home for longer than necessary it is important that every effort is made to ensure the Police attend at the earliest convenient time.
Staff should first contact the local Police control room to arrange for a Safer Neighbourhood Team officer to attend the Home. This route shows a recording of the request on the Computer Aided Dispatch system, (CAD), generating a message number for the benefit of the residential staff. If a Safer Neighbourhood Officer is not available, then arrangements should be made for another officer to attend.
The officer attending is then responsible for recovering the suspected controlled substances in to Police possessions and if appropriate, conducting any subsequent investigation in line with existing Police Policy.
Alcohol and canisters can be disposed of by Staff; it is important that the disposal is witnessed and a record kept which includes:
- a name of the person removing the material
- a description of the material
- the circumstances of the removal
- the time and date of the removal
- the time, date and means of disposal
3. Offensive Weapons
Where offensive weapons are found within the home and no individual is identified for possessing these items, they should be stored securely before handing them to the Police. These should not be disposed of by staff. These can be handed over for disposal to the police. The signature of the Police Officer removing the materials should be obtained.
4. Categories of Response
It is recognised that caring for and managing young people with difficult or challenging behaviour is an integral feature of residential social work. Family Service staff will generally manage problematic situations except where they are so severe that immediate Police involvement is essential in order to avoid physical assault or excessive damage.
The Protocol identifies three categories:
- Serious
- Not serious
- Internal
A flow diagram is listed as Appendix A.
4.1 Serious Incidents
Incidents of violence requiring an immediate Police response where children/young persons or staff are at risk of immediate serious physical harm. Where there is risk of substantial damage to property or risk of significant disorder with the Home. In such situations the senior member of staff on duty/shift leader should contact the Police either via the main force switchboard or the 999 system.
4.2 Not Serious Incidents
Incidents where no immediate Police response is required, for example where assaults or damage has occurred and there is no risk of re-occurrence/Significant Harm to people, or incidents of theft, the incident should be reported to the Unit Manager who then has the responsibility of identifying the appropriate course of action. In addition staff within the Home should inform the child/young person's social worker at the first opportunity.
It is important to avoid any unnecessary reporting of incidents to the Police. Should the Unit Manager decide (and/or the victim wishes) that formal Police involvement is necessary, where possible this should be through the local Safer Neighbourhood Team and where possible at a liaison meeting held as required but at least once every 3 months.
When a situation involving a child or young person is to be discussed at the liaison meeting, the child's social worker (case manager) should be informed, they may wish to join in the discussion.
If the discussion needs to be held sooner, the Unit Manager should arrange for a member of the Safer Neighbourhood Team to visit the Home as soon as possible. If this officer is unavailable, the Unit Manager should contact the local Police control room to request a delayed or scheduled response visit by another Police Officer.
In certain circumstances, preservation of evidence may be an issue and Family Service Staff will need to ensure that reasonable steps are taken to retain articles relevant to any criminal allegations or Police investigations.
4.3 Liaison
The primary Police involvement in Children's Homes should be through the Safer Neighbourhood Team, meeting unit staff on a regular basis. Whilst some officers already perform this duty it must be emphasised that a good working relationship is the most effective way to respond to young people with difficulties.
A regular liaison meeting, ideally once a month between A representative from the Safer Neighbourhood Team and the Unit Manager would provide for discussion of "NOT SERIOUS" incidents within the Home to identify the appropriate method of resolution including:
- Internal action by unit staff with no Police involvement
- Formal Police investigation primarily by the Safer Neighbourhood Team Officer/Police Officer and any resulting action
This liaison meeting will also provide an opportunity to share more general views and information and to develop a better understanding of each agency's responsibilities and practices.
It is not the intention of this Protocol to restrict the options available to Unit staff and Safer Neighbourhood Team Officer's, but to emphasise the importance of flexibility in determining the most suitable option for dealing with children and young persons.
4.4 Internal Incidents
It is anticipated that relatively minor incidents will be addressed using routine Family Service policies and procedures.
5. Recording of Incidents
5.1 Recording of Incidents by Social Service Staff
It is necessary for incidents within Children's Homes to be accurately recorded so as to provide informed histories on the children and young persons Looked After, assisting with assessments and liaison meetings.
All incidents must be recorded in the personal file for each relevant young person, and entered in the Unit day book/incident log. This provision also applies to incidents discussed at the regular liaison meeting with the Safer Neighbourhood Team Officer.
The Home Office Counting Rules for Recorded Crime states the following:
"Whether to record
Except for offences dealt with by other agencies, any notifiable offence, which comes to the attention of the Police, should be recorded.
And
Offences dealt with by agencies other than the Police should not be recorded unless there has been a major contribution to the investigation by the Police, other than the provision of custody facilities or by the provision of antecedents or previous convictions for Court purposes"
When to record
A crime should be recorded as soon as the decision to record has been made (or as soon as possible afterwards)"
To ensure compliance with the Counting Rules, offences, which come to the notice of the Police through involvement in Children's Homes, must be recorded, unless the matter has been dealt with by the other agency without a major contribution by the Police.
It is important to remember that each Children's Home has the responsibility of care towards the resident young persons, with their welfare interests being paramount. Therefore the requirement to record offences should be considered in conjunction with the desire to avoid unnecessary criminalisation of the residents in care.
5.2 Recording of Serious Incidents by Police
Given the immediate response aspect of this category, offences which come to the notice of the attending officers would be of such a nature as to require recording, unless there were exceptional extenuating circumstances.
5.3 Recording of Not Serious Incidents by the Police
'Not Serious' incidents reported to the Unit Manager, which are considered serious enough to warrant police investigation prior to the scheduled liaison meeting may be recorded as crimes, provided they meet the Home Office recording criteria.
Incidents, which are discussed by the Safer Neighbourhood Team Officer and Unit Manager at the scheduled liaison meeting, need not be recorded as a crime related incident if the matter is being dealt with by the Unit Manager or other agency.
Following the liaison meeting, incidents that are considered suitable for internal resolution by Social Services staff or other agency, shall not be recorded as crimes by the Police. However the Unit Manager should record full details and decisions within the Unit register.
6. Monitoring the Protocol
To evaluate compliance with the Protocol a quarterly meeting should be held between the local Police Youth Sergeant, Registered Manager and Head of Service
Appendix A: Categories of Response
Click here to view Appendix A: Categories of Response
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