2.5.1 Youth Offending Service - Children's Services Protocol

This chapter was entirely replaced in February 2012 and should be re-read in full.

Introduction and Purpose of Protocol
Shared Principles
How We Will Work Together
Safeguarding
Children in Care
Remands into Local Authority Accommodation
Remands into Local Authority Accommodation (Secure)
Preventing Offending
Anti Social Behaviour Orders and ABCs
The Education of Young Offenders
The Apprenticeship, Skills, Children and Learning Act 2009 (ASCL)
The Criminal Justice and Immigration Act 2008
Responsibilities Towards Former Looked After Children in Detention
Problem Solving

1. Introduction and Purpose of Protocol

This purpose of this protocol is to identify the framework within which the Youth Offending Service (YOS), now a section of Prevention and Early Intervention, and other sections of the Children’s and Young People’s Service (C&YPS) manage their respective responsibilities for young offenders and those at risk of offending and how they will work together in partnership within the Directorate.

The protocol seeks to ensure that there are shared objectives which relate to the Children and Young People’s Plan, Youth Justice Annual Plan, Youth Justice Board indicators and the local indicators of both Services - one of which is the offending behaviour of children in the care of the Council.

The C&YPS and the YOS work within a legislative framework and this protocol takes into account the statutory duties and responsibilities of both Services.

This protocol sets out the governing principles as to how we will work effectively together in relation to the following specific areas:

Safeguarding, preventing offending, meeting the needs of children in care, children in need and care leavers, remands into local authority accommodation and the education of young offenders.

2. Shared Principles

Young people come to the attention of the C&YPS for a variety of reasons, but most referrals can be broadly defined as welfare or justice concerns. Welfare concerns cover issues from child protection to general support to young people and/or their families who meet the relevant thresholds. Justice concerns are the result of offending/anti-social behaviour by young people.

Some children and young people have complex needs and difficulties which may require a dual response from the YOS and the C&YPS. It is these cases where case responsibility, identification of the lead professional and management need to be clear. Effective joint working enhances the quality of life chances for all children. This protocol will seek to clarify the roles and responsibilities for shared and complex cases.

Central to the protocol is the need to ensure that all services are delivered according to anti-discriminatory practice and take the ethnicity, gender and sexuality of young people and their related needs into account.

3. How We Will Work Together

There is a clear commitment from the C&YPS sections and the YOS to partnership working. In order to achieve this and facilitate partnership:

The C&YPS and YOS will ensure that representatives with the appropriate level of authority have membership of and participate in the relevant Boards and other meetings of both services;
We will contribute to the development of strategies as required and ensure named professionals are designated as links between services;
We are committed to information sharing in accordance with agreed protocols and the law;
There is an overarching link person from each service to manage the relationship between the Services;
Joint reports will be made to relevant management boards;
The YOS will be involved in consideration of appropriate referrals to First Response, will use the Common Assessment Framework to make referrals for those with additional needs and will be represented at the CAF Panel.

4. Safeguarding

The YOS Manager is a member of the Local Safeguarding Children Board and the Quality Assurance sub-group; an operational manager sits on the Domestic Violence sub-group, MAPPA and MARAC.

YOS managers will ensure that all staff are aware of, have access to and follow the All London Child Protection Procedures and the local safeguarding procedures.

If a child protection concern is identified by a YOS officer, s/he must report it immediately to the First Response service or the allocated social worker.

Child protection investigations will always be the responsibility of C&YPS Social Workers, but YOS practitioners will contribute to child protection assessments on those currently known to the YOS.

A YOS representative will attend strategy meetings, child protection case conferences, professional planning meetings, core group meetings etc where appropriate. In the event that attendance is impossible, the YOS allocated worker or his/her line manager will submit a written report.

All YOS practitioners will be expected to attend the Local Safeguarding Children Board’s training level 1 or 2 as appropriate and complete the on-line training.

In cases where YOS practitioners identify the vulnerability level of a young person as high, thus prompting the completion of a Vulnerability Management Plan (VMP), the VMP will be shared with C&YPS and a multi-agency professionals meeting may be convened to ensure that welfare needs are addressed.

Where there is an issue of safeguarding in relation to imminent serious youth violence (including gang activity), either YOS or C&YPS staff can call a professionals conference and partners are expected to attend/send a representative, even if the young person is not currently known to either service.

Both C&YPS and YOS staff will work to the LSCB procedures outlined in “Safeguarding Children Affected by Gang Activity and/or Serious Youth Violence” with the shared aim of protecting those who may be both victims and perpetrators of youth violence.

Both C&YPS and YOS will be represented on the Gangs Action Group (GAG) to ensure that actions recommended by the GAG are carried out.

5. Children in Care

If a young person is in care and considered at risk of offending, the allocated social worker should refer to the YOS Prevention Team where CiC will be prioritised for early intervention. Referrals should be made in writing and must address risk factors, such as family background, education, constructive use of leisure, substance misuse, offending/ anti-social behaviour.

Should a CiC be arrested and an Appropriate Adult is required to attend a police station, it is expected that, in the first instance, the young person’s parent or carer will attend. If the child is in residential care, their key worker should attend. In the event that the residential staff are unable to attend and/or are the victims of the offence, the allocated social worker should attend. In the event that all options have been explored and there is nobody available to attend, the HYOS Appropriate Adult Service will attend the police station.

If, after initial interview, the young person is bailed to return to the police station for charging, issuing a final warning or reprimand a parent, carer, RSW or C&YPS social worker will need to accompany him or her.

YOS staff cannot act in loco parentis when children or young people appear in court. The young person should be accompanied by their parent, carer, residential worker or social worker. In cases of emergency or where the social worker /foster carer may be the victim of the crime, the YOS managers should be contacted to discuss who attends court with the young person.

Carers, Residential Staff and Social Workers are responsible for arranging transport to and from court and for ensuring that legal aid matters have been arranged.

In the event that a CiC is sentenced to a Referral Order, the court will direct a representative from the Children and Young People’s Service to attend the Referral Order panel. The YOS will make every effort to convene the panel at a time and place convenient for the representative (although the wishes of the victim take priority). The C&YPS must ensure that someone attends the panel with the young person (parent, keyworker, carer, allocated social worker).

When a young person's case is being reviewed by the YOS, the YOS case manager will ensure that the allocated social worker is invited to all reviews and planning meetings, including those for young people in custody.

Team managers and Independent Reviewing Officers should between them ensure that allocated YOS workers are invited to statutory reviews of children in care and planning meetings where appropriate. YOS Asset assessments, intervention, risk and vulnerability plans and young people's care plans must inform each other.

Where there is an allocated worker in the YOS and an allocated social worker, it is essential that both workers meet and agree their areas of responsibility, define respective roles and determine how frequently and by what method future communications will be made. Joint meetings will be held before either service closes the case.

For children placed out of Borough, it is the responsibility of the Independent Reviewing Officer to establish whether there are any concerns about offending or risk of offending and ensure that liaison with the YOS takes place as required. The YOS will provide support, advice and consultation about these young people to the allocated social worker.

Young people who are subject to care orders, accommodated under S20 or eligible under the Leaving Care Act 2000 and who become the subjects of custodial sentences remain open CiC cases and the YOS will ensure that resettlement plans are made in conjunction with the allocated social worker in the case.

6. Remands into Local Authority Accommodation

YOS staff will attend court and provide information as requested by the court. If the young person is already CiC/allocated to a social worker, s/he should attend court where possible to assist with information requirements. If this is not possible, the social worker will provide YOS staff at court with up to date information.

YOS staff will contact the relevant Social Work Team as soon as a Remand into Local Authority Accommodation seems likely and fax a copy of the ASSET and any relevant information to the Duty Manager (where available).Once the CYPS assessment is complete, this will be provided to the court. Once the court has reached a decision with regard to RILAA, remand information, including any conditions and any other relevant information will be sent to CYPS staff.

The Social Work Team will assess the placement type required and whether placement at home is suitable, involving the YOS workers in the decision making process. Responsibility for final placement decision rests with the Social Work Team in liaison with the placements service. There may be occasions when the court makes a RILAA with a condition that the young person should not live at home and this must be taken into account. Any change in placement during the remand period should be notified immediately to the YOS.

The Social Work Team has the ultimate responsibility to collect the young person from the court and to transport them to their next placement. The YOS will assist in organising transfer arrangements from court to placement in agreement with the Social Work Team.

The Social Work Team and the Placements Service will finalise placement arrangements with providers, completing provider referral forms, and all CiC placement forms as required.

The responsible Social Work Team will implement CiC procedures, arranging planning meetings and reviews and completing CiC forms where required, in full consultation with the relevant YOS responsible officer. For those young people known to the Leaving Care Team, the allocated Leaving Care Social Worker will take the lead and ensure that pathway planning takes place,

The YOS will provide information about subsequent court appearances and other relevant information to the allocated Social Worker as soon as possible to assist in planning.

YOS staff will attend CiC reviews and reviews of pathway plans for CiC and care leavers in custody.

Where required, the YOS will provide a support programme for the young person during remand period. In the event that the young person is placed outside the borough for the duration of the remand, HYOS will liaise with the YOS in the borough in which they are placed to ensure the young person receives the services identified.

7. Remands into Local Authority Accommodation (Secure)

Applications for secure accommodation made on welfare grounds will be the responsibility of the Children and Young People’s Social Work teams.

The decision to impose a secure order remand on a child or young person is made by the court. Once the order is made the Local Authority has no option other than to comply with these directions.

All arrangements for the placement of a young person in secure accommodation, following a court ordered remand, will be carried out by the YOS in liaison with the YJB (who are responsible for the identification of the placement).

On the day of the secure remand, the YOS will inform the appropriate manager in the relevant Social Work Team and the Placements Service so that the case can be allocated and all documentation completed, including CiC forms.

The YOS will fax a copy of the warrant of commitment to the Service Manager, C&YPS.

The Senior Team Manager will ensure that the statutory child care review procedure is followed and the case is allocated.

Funding for the secure placement will be jointly financed, as negotiated nationally, by the Youth Justice Board and the C&YPS.

C&YPS will be responsible for arranging and funding escorts for this and subsequent court hearings. YOS staff will contribute to risk assessments in relation to transporting young people.

If the YJB is unable to locate a secure placement, the C&YPS will need to identify and fund a placement which is as secure as possible to hold the young person until a secure placement becomes available.

8. Preventing Offending

Effective work with children and young people to prevent offending is a statutory requirement placed on all agencies under the Crime and Disorder Act 1998. Preventing offending, therefore, is not just the remit of the Youth Offending Service. However, the YOS does provide specialist services which can support the work done by C&YPS to prevent offending. The YOS will, therefore, accept referrals to Haringey Youth On Track, the YOS Prevention Team.

The YOS is responsible for the operation of the Triage scheme whose purpose is to divert young people from the criminal justice system. All young people considered for Triage will be checked against Framework I and information will be exchanged and referrals made as appropriate with other sections of CYPS.

9. Anti Social Behaviour Orders and ABCs

The national guidance stipulates that the YOS will be consulted prior to an ASBO being sought in the court. Locally agreed procedures are that the ASBAT and the police (where they are seeking ASBO's as part of criminal proceedings) will first consult and discuss with the YOS. The YOS will ensure that the C&YPS views are fully incorporated in feedback.

A review of anti-social behaviour tools is currently subject to consultation and it is likely that the ASBO applied at the point of sentence will become a Crime Behaviour Order (CBO) and will be subject to an individual and family assessment completed by the YOS.

10. The Education of Young Offenders

Information about the educational circumstances and outcomes for young offenders is essential in order to raise achievement levels. Information sharing protocols are in place with schools and the C&YPS. The YOS will ensure that it follows the protocol with schools and maintains regular contact with the designated teacher for young offenders in each of the schools.

The YOS will make the education of young offenders a priority and facilitate joint planning with schools, the Pupil Support Centres, Education Welfare Service, education providers etc in order to achieve positive educational outcomes and ensure that each young person is enrolled at school or an appropriate education placement.

The YOS will attend SEN reviews or submit a written report if this is not possible. The YOS will also attend the Complex Case, In Fair Access Panels and CiC Attendance and Attainment Panels when appropriate.

The YOS will ensure that, when young people are in custody, their educational needs are addressed.

The YOS will liaise with the Safer Schools Initiative in order to deliver targeted interventions to those most at risk of school exclusion and offending.

11. The Apprenticeship, Skills, Children and Learning Act 2009 (ASCL)

The Home local authority (Haringey) will notify the Host local authority (which covers the area in that the custodial institution is situated) when a young person begins a period of remand or custody at a YOI, STC or secure hospital.

Specific documentation, including any Statement of Educational Need, must be sent to the Host local authority by the home local authority. The YOS Education Officer will liaise in order to collate this information and submit it to the host local authority.

On the young person’s release, the home YOS (Haringey) will inform the host and home local authorities and where the young person had a SEN prior to detention, Haringey local authority will revive the SEN.

12. The Criminal Justice and Immigration Act 2008

The above Act introduced the Youth Rehabilitation Order (YRO) in November 2009. The YRO contains up to 18 requirements, 3 of which are of direct relevance to joint work with C&YPS. The residence requirement (for 16 and 17 year olds) and local authority residence requirement can be made by the Court on the recommendation of the YOS. The YOS will complete an assessment and then liaise with C&YPS relevant staff when either of these requirements is being proposed.

The Intensive Fostering (IF) requirement is an alternative to custody and the YOS will liaise with C&YPS as soon as the court indicates IF is being considered as a sentence. The C&YPS will be involved in the assessment and thereafter, as the young person becomes a child in care as a result of IF.

13. Responsibilities Towards Former Looked After Children in Detention

Section 15 of the children and Young Persons Act 2008, inserted a new section 23ZA into the 1989 Act, imposing a duty on the local authority to visit children who cease to be looked after as a result of being remanded or sentence to custody and who are not eligible for leaving care support. This applies to young people who were either looked after under section 20 of the 1989 Act prior to being remanded or sentenced to custody or those who were looked after by virtue of having been remanded to local authority care under section 23(1) of the CYP Act 1969 on being sentenced.

The CYPS must appoint a representative, who should be a qualified social worker, to visit the young person within 10 working days of their entering custody to complete an assessment of the young person’s needs whilst in custody and on release. The role must not be fulfilled by a YOS worker. However, any future support should be provided in conjunction with any on-going interventions provided by the YOS case manager.

The CYPS must appoint a designated manager to receive reports from the social worker and decide on how the local authority will act on their recommendations. Where the designated manager does not accept the recommendations about ongoing support, the YOS case manager and manager should be informed.

Any disputes arising from this decision will be resolved by the respective CYPS Deputy Directors no later than 28 days prior to the young person’s potential release date.

14. Problem Solving

It is expected that if there is a difference of opinion or problem between YOS, C&YPS staff and/or schools, that the workers involved will attempt to resolve this themselves, in the first instance. If they are unable to come to an agreement, the workers must refer the matter to appropriate line managers.

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