4.6 Youth Offending and Family Services Joint Protocol

RELATED CHAPTERS

Appropriate Adult Referrals Procedure

AMENDMENTS

This chapter was amended in January 2008 and should be re-read.

Keywords/Definitions
Introduction
The Exchange of Information
Joint Planning Arrangements
Looked After Young People Placed out of Borough
Homelessness
Remands
Remands in Local Authority Accommodation
Court Ordered Secure Remands
Appropriate Adults for Young People Detained at Police Stations and Appearing in Court
Anti-Social Behaviour Orders (ASBO's)
Child Safety Orders

1. Keywords/Definitions

Keywords, highlighted in this way (Looked After Children) are normally defined in Appendix 2, Keywords.

This chapter contains some keywords which are specific to it, and defined here:

Agencies and Partner Agencies mean the Royal Borough’s SSD and YOT, unless otherwise indicated by the context.

Designated Officers means the officers designated by the partners agencies to process or initiate requests for personal information and other data.

Personal Data means data relating to a living individual who can be identified either;

from those data,

or
from those data and any other information which is in the possession of, or is likely to come into the possession of, the data holder.

“Data Subject” means an individual who is the subject of personal data.

2. Introduction

A strong link between Family Services and the Youth Offending Team (YOT) is necessary to ensure an effective response to reducing offending by children and young people who are of joint concern to the Agencies and, in particular, those young people who are Looked After by the local authority. This document seeks to establish procedures for how the YOT and locality teams work together with these young people and particularly where they are remanded to local authority Accommodation or where such a remand seems likely.

3. The Exchange of Information

Confident and effective information exchange is the key to multi-agency working in any sphere – nowhere more so than in statutory partnerships for crime and disorder reduction. It relies on good relations between partners, and above all on mutual trust. (See Note 1)

Agreements and protocols governing information sharing already exist, i.e. the Royal Borough’s Exchange of Information Protocol (First Edition, May 1999) and an Information Sharing Agreement between the YOT and the Police. Also there is the Data Protection Act 1998 which regulates the use of personal data. The Home Office and the Data Protection Registrar have agreed a Joint Statement about information exchange in Statutory Crime and Disorder Partnerships. These are not superceded by the present document which rather seeks to summarise issues that are of immediate importance for the partners to this document.

The following are the main points of emphasis:

The law provides for a special power to disclose information to a “relevant authority” (which includes a local authority) for the purposes of the Crime and Disorder Act 1998.
This power does not impose a duty to disclose. Agencies must themselves decide about the propriety of any disclosure, taking into account such matters as duty of confidentiality.
Agencies will need to comply with the law, in particular the Data Protection Act 1998, and there are requirements about access to information, record keeping, and consultation between agencies wishing to use information which is “owned” by one of the agencies.

4. Joint Planning Arrangements

The partner agencies are agreed that there is a need for effective joint planning and working together so that Supervision Plans and Care Plans dovetail more readily with each other. Meetings are an important way for the various agencies involved with the child to keep in touch with what is required. The following checklist of questions is useful to have in mind when arranging meetings:

What is the purpose of the meeting and why is it necessary?
Who comes to each meeting and why?
What is the reason for anyone failing to attend?
Do planning/review meetings clearly specify who is going to do what piece of work?
Are there, in practice, any restrictions on what services or placements are available for looked after children who have been involved in offending? If so, why?
How will the young person and their family be included?” See Note 2 at

In addition, it will be necessary to determine which is to be the lead partner agency when convening a meeting. In general, this should relate to the type of meeting being called.

The partner agencies agree to apply these principles to inviting staff of the other partner agency to meetings concerned with Looked After children and young people who are known to be the subject of concern to the other partner agency or who are likely to become the subject of such concern. Every effort should be made to give adequate notice of such meetings, and if the invited partner agency cannot attend an apology with reasons should be tendered in time.

The YOT will always be invited to attend Looked After Children’s Planning Meetings and Statutory Reviews for all young people who are subject to criminal court orders.

Similarly the YOT will ensure that when they are aware that a locality social work team is involved in working with a young person whom the YOT is working with, or about to work with, the social work team is invited to attend appropriate meetings concerning that young person.

5. Looked After Young People Placed out of Borough

The YOT should be consulted before a decision is made to place a young person (who is the subject of joint concern) out of borough so that arrangements can be made for the appropriate YOT work to continue. Youth Justice Board guidance states that the “host” authority has the responsibility to supervise a young person placed in their borough by another authority. Some authorities charge for these services, and the YOT does not hold a budget to meet such charges. Thus, while the YOT will always seek to negotiate to avoid or reduce such charges, using YJB guidance, the Family Services need to be aware that it will have to meet any charges resulting from such a placement. This needs to be addressed when social workers are considering plans for such a placement.

6. Homelessness

The YOT and Family Services will work together with the Housing Department to secure appropriate accommodation for homeless young people.

15 years and under: the YOT will refer to Family Services.

16/17 year olds: The Joint Protocol between Housing and Family Services on 16/17 year old homeless young people will be implemented where appropriate (See Chapter 5.1). Where young people fit the criteria of the protocol but are not known to Family Services the YOT will carry out the assessment work and liaise with the Housing as stipulated in the protocol. The financial responsibility for any accommodation provided during this assessment period (up to a maximum of 6 weeks) will be met through Family Services.

18 year olds: The YOT will work with the Housing Department on available options.

7. Remands

When children or young people are being dealt with in the criminal court, the Court will need to remand them between hearings. This may be while the prosecution or the defence prepare themselves for the case or while the young person is awaiting trial or sentence. Generally the Court will remand young people on unconditional bail in between hearings. Courts may also remand young people on conditional bail to ensure that they attend Court on the next occasion, do not re-offend while on bail, and do not interfere with witnesses or obstruct the course of justice. Conditional bail can range from a fairly low level where a young person has to report to a police station, to more demanding conditions where a young person is supervised by a YOT on a bail support and supervision programme.

The YOT works closely with the Court to ensure that in cases where unconditional bail is refused the option of bail with an intensive package of support and conditions is offered. The YOT will use its best endeavours to prevent a remand without bail, in order to prevent unnecessary remands to local authority accommodation, by offering its “standard” package of bail support. This involves three appointments a week at the YOT to assist in ensuring attendance for court appearances and to reduce the risk of re-offending. During this period the YOT undertakes to liaise with the appropriate social work locality team about any work that the latter may be involved in or about the possibility of remands without bail.

8. Remands in Local Authority Accommodation

Among its aims, the YOT Bail Supervision and Support scheme seeks to avoid inappropriate or unnecessary remands to custody or to local authority accommodation. However, bail support packages are not always accepted by the Court, and one possible outcome is a remand or committal to local authority accommodation. This places a duty on the local authority to provide accommodation for the young person, who will be deemed to be “a child who is looked after by a local authority” within the meaning of the Children Act 1989 (S. 22(1)).

Placements of young people in local authority accommodation as part of the process of remand from the courts are often a difficult area for Family Services. Quite apart from the general shortage of such places, often there is a feeling that this cuts across the ethos of children’s homes where a placement is viewed as part of a constructive care plan and part of a package of measures to secure better life opportunities for the young person.

Nevertheless, the authority will have to comply with the Court order, and so due consideration must be given to the thinking behind remands to local authority accommodation. See Note 3 at .

Secure remands are used by the Courts for young people whose offences are particularly serious or who have offended frequently.

Where a young person is remanded to non-secure local authority accommodation the local authority has a range of choices about what accommodation is appropriate (unless the court has specified conditions which require the use of particular accommodation). A remand to local authority accommodation means that Family Services will provide accommodation for the young person who will, while remanded, be treated for all legal procedural purposes as though s/he was remanded in custody.

In general, the local authority has considerable discretion as to the choice of accommodation, save where the court has stipulated that the young person is not placed with a named individual (usually a parent). The accommodation may include:

Residential children’s homes;
Remand foster placements; or
Placement with members of the young person’s family.

In choosing how to accommodate the young person, the local authority must bear in mind its obligations both to the court and to the young person. The obligations to the court include:

Ensuring the young person’s attendance at court; and
Taking all reasonable steps to protect the public from further offending by the young person.

As regards the duty to the young person, the local authority has a duty to provide appropriate accommodation. While accommodated the young person is deemed to be “a child who is Looked After by a local authority” within the meaning of the Children Act 1989, Section 22 (1). This means that the local authority will need to implement a Care Plan and consult with the young person and his/her parents regarding the placement and plan. The local authority, however, does not acquire Parental Responsibility.

While a remand to local authority accommodation continues to leave the authority with discretion about the most appropriate placement for a young person on remand, full account should be taken of the fact that the Court has already been required to consider why the young person should not be bailed and allowed to return home, and has determined that this would not be appropriate. See Note 4 .

Where, exceptionally, consideration is being given to accommodating at home a young person who has been remanded to local authority accommodation, authority must be given by the Head of Service after consultation with the Director for Family Services and the Head of YOT. It will be necessary to make the proposal clear to the Court so that any objections can be addressed.

Placements at the Royal Borough’s two children’s homes, St Mark’s and Whistler Walk, are normally made after a referral has been considered by the Children’s Placement Planning Group. This facilitates proper planning for the placement, which has been found by experience to be a pre-requisite for a successful placement. Nevertheless, St Mark’s, in particular, is used for emergency accommodation which may sometimes be of lengthy duration. It is recognised that emergency admissions and placements, for example when bail has been refused, may be unavoidable. The following procedures are set out in order to attempt to alleviate some of the resultant difficulties.

A young person who is remanded into local authority accommodation initially will be accommodated at St Mark’s or such other local authority accommodation designated for that purpose until the next meeting of the Children’s Placement Planning Group, to which the YOT must be invited. There alternative options can be discussed, and if it is considered that such a placement is inappropriate a recommendation should be made to explore other more suitable placements, including foster care or private and voluntary accommodation. It is important to note that although the Children’s Placement Planning Group is able to make recommendations, any decision about placements does rest with the Team Manager and Heads of Service. In cases where the recommended alternative proposal is for the young person to be accommodated at home, this will be decided by the Head of Service after consultation with the Director for Family Services and the Head of the YOT.

Where it is felt that the remand to local authority accommodation is wholly inappropriate, this view should be shared and agreed with the Head of Service who will consult with the Director for Family Services and the Head of YOT. It would then be necessary to approach the Court at the next hearing to propose the recommended alternative, which might be for the young person to be remanded to the home address on conditional bail with supervision and support. Whilst the Court are obliged to consider the views of the local authority, they are not bound to follow any recommendation and may continue to remand to local authority accommodation where it is deemed appropriate. The Court might also consider a remand to custody or to secure accommodation.

When it comes to the attention of the YOT that a young person is at risk of having bail refused by a court, the Court Duty YOT Officer will notify the relevant Social Work Locality Team at the earliest opportunity, indicating whether remand to an open or to secure accommodation is likely. When, as a result of these consultations, it appears likely that an emergency placement in a children’s home will be needed, the YOT Court Duty Officer will advise and consult with the manager of the appropriate children’s home as soon as possible. The YOT Court Duty Officer will communicate to the Court any relevant views of the local authority about the suitability of the remand. These may include the views of the Manager at St. Mark’s about the suitability of the proposed emergency placement. Where the Manager does not consider the placement suitable, this will need to be discussed with the Head of Service who will liaise with the Director for Family Services if necessary.

When a young person is remanded to local authority accommodation, the YOT officer at Court will liaise directly with the locality social worker about possible placements and will report to the Court what placements are available. Liaison also will take place about any necessary or desirable conditions of remand. The YOT officer will remain with the young person at the Court until transfer arrangements have been made to get the young person to the placement. The locality social worker will need to ensure that the young person is safely admitted to the placement and that the Looked After Children document and paperwork is completed. The YOT will be represented at any placement planning and review meetings, and YOT will report on progress to the Court.

If the conditions of bail or remand need to be changed as a result of plans made by the SSD, it will consult with the YOT in advance. Once agreed, the YOT undertakes to make any necessary representations to the Court and to keep Family Services informed of any changes made by the Court.

When a young person is remanded to local authority accommodation s/he should be required to agree to a condition that s/he will abide by the normal rules of the relevant children’s home.

The YOT will send information on all remand cases to the appropriate Social Work Locality Team together with a record of the court proceedings. The YOT Court and Bail Officer will work with the placement staff to support the young person remanded to local authority accommodation. The YOT Court and Bail Officer should be invited regularly to planning and review meetings and much be kept in touch with progress in relation to the placement. The YOT will monitor the demand for and remands to local authority accommodation and the result of these cases.

9. Court Ordered Secure Remands

The SSD already has a policy document see Secure Accommodation (Criteria) Reviews Procedure. It provides for a YOT worker to attend the specified meetings. However, in clause 2.11 of the procedure it is indicated that DoH advice is that children placed on secure remands are not subject to statutory reviews under the LAC procedures. Since then the Youth Justice Board has indicated the contrary. Family Services has taken legal advice which indicates that all young people subject to secure remand should be treated as Looked After regardless of whether they are placed in a secure unit or a secure training centre. Conversely, young people placed by the Courts in Young Offenders Institutes are not subject to the Looked After Children’s procedures.

Courts are obliged, prior to making a security requirement, to consult with the designated local authority. The YOT will normally represent the local authority in such consultations. In carrying out this task it will be essential for the YOT representative to consult regularly and specifically with the SSD to:

(In respect of 12-14 year old boys and 12-16 year old girls, where the court indicates that the primary criterion may apply)

establish what provision is available to support a remand on bail;
what forms of non-secure accommodation are available in the event of a remand to LA accommodation without a security requirement;
whether a placement in secure accommodation is available:

(In respect of 15-16 year old boys, in addition)

obtain information which will allow the court to make a decision as to vulnerability;
where consultation has revealed that no secure placement is available, identify what steps have been taken to locate such a place and the likelihood of secure accommodation becoming available prior to the next remand hearing.

The YOT, in conjunction with the Youth Justice Board Placements Centre, will identify the secure placement and will arrange escorts for the transfer of the young person to secure accommodation on the initial occasion and for subsequent hearings.

National arrangements are currently in place whereby the local authority meets a third of the cost of a remand to secure accommodation. These costs will need to be met by the SSD. The YOT will ensure that the locality Social Work Team Manager is aware that a remand has taken place and will inform the Youth Justice Board where invoices should be sent.

Any young person remanded to secure accommodation will need to be escorted to and from all court appearances by an escort agency. The YOT will arrange these escorts after liasing with Family Services and the secure placement. The cost of the escorts will need to be met by Family Services. These can be significant depending on the length of the remand and proximity of placement to the court. Escort agencies have different charging policies. The YOT undertakes to use the cheapest suitable option available.

Where a young person is remanded to secure accommodation, the YOT Practice Manager and the relevant locality Team Manager will liaise to ensure that the roles of both teams are clarified and there is no duplication of work.

10. Appropriate Adults for Young People Detained at Police Stations and Appearing in Court

Also see Appropriate Adult Referrals Procedure

Where a young person is placed in local authority accommodation the usual expectation is that an appropriate person providing the support for that placement, such as a residential social worker or a locality social worker, will escort the young person to Court and act as the Appropriate Adult

The YOT will provide regular training events for people, whether family members, carers, volunteers or Family Services personnel, who may be required to take on the role of Appropriate Adults.

11. Anti-Social Behaviour Orders (ASBO’s)

The Youth Justice Board and the Anti Social Behaviour Unit from the Home Office have issued draft guidance stressing the central role of the YOT in implementing ASBO’s in relation to Children and Young People 10 to 17 years of age.

12. Child Safety Orders

This order is available in the Family Proceedings Court for Children under 10 years of age. It is designed to prevent involvement in anti-social behaviour. The order supplements and links existing child welfare legislation (Children Act 1989) to the Crime and Disorder Act 1998.

Guidance on the implementation of such an order is being developed through the DCS and will address in what circumstances an application would be made; appointment of an appropriate officer; and enforcement arrangements.

In the absence of this guidance the relevant Head of Service and the YOT Manager should be consulted in relation to any such application.

NOTE 1

Home Office Guidance on Statutory Crime and Disorder Partnerships

NOTE 2

NACRO – Reducing offending by looked after children: a good practice guide (2003).

NOTE 3

It has been a long-held objective of Government to end the remand of 15 and 16 year olds to prison. A shortage of secure accommodation has meant that in order to make progress, Government has decided to implement court ordered remands to local authority secure accommodation for 12-14 year olds and in respect of 15 and 16 year old girls, together with the most vulnerable 15 and 16 year old boys (if certain criteria are met and places can be found). Secure Remands are used by the courts for young people whose offences are particularly serious or who have offended frequently.

NOTE 4

See Children Act 1989 Guidance and Regulations (HMSO Vol. 1), Court Orders, paragraph 6.37.

End