| 1.1 |
The Crime and Disorder Act 1998 places duties on local authorities, chief officers of police, police authorities, probation committees and health authorities in England and Wales to establish youth offending teams. |
| 1.2 |
The duties of the team as set out in the Act are;
- To coordinate the provisions of youth justice services for those 10-17 year olds in the local authority's area that need them.
- To carry out such functions as are assigned to the team in the youth justice plan.
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| 1.3 |
This protocol has been developed to provide clarity to managers and practitioners in the Youth Offending Service and Children's Social Care Teams regarding the interface between the two services, and to support a partnership approach to work with young people who offend or who are at risk of offending. |
| 1.4 |
The Common Assessment Framework for the assessment of Children in Need, drawing from Every Child Matters, stresses the importance of all disciplines and agencies working in a coordinated way to an agreed plan, whilst at the same time avoiding duplication of services or some children receiving no service at all. Youth Offending Services are one of the agencies referred to, working alongside Children's Social Care. There is a commitment from both Children's Social Care Services and the YOS to ensure that information that will facilitate effective case planning is made available to and by each party. |
| 1.5 |
The YOS assesses the needs of all its clients using the Youth Justice Board's national assessment tool, Asset. Asset is comparable to the Common Assessment Framework. |
| 2.1 |
The Police and Criminal Evidence Act (1984): Codes of Practice state that the parent or guardian of a juvenile is the most suitable person to attend the police station and act as the Appropriate Adult. Such an individual is in a better position to assess the child/young person's level of understanding of the process. Alternatively another adult family member such as grandparent, aunt/uncle may attend in their absence. |
| 2.2 |
Where a child is Accommodated, unless there is a restriction on the parent/guardian's access to the child, it is generally good practice to encourage that person to attend the police station. Where this is not possible an adult who has/shares day to day care of the child, for example a residential officer or foster carer, would be the preferred alternative. |
| 2.3 |
In those cases where the child is an open case to a Children's Social Care Team, but not Accommodated, and the parent or guardian is unable/unwilling to attend the police station, the allocated case worker who has personal knowledge of the child should act as the Appropriate Adult if they are available to do so. Good practice suggests that it is preferable that the Appropriate Adult is someone known to the young person. |
| 2.4 |
The YOS is required to provide an Appropriate Adult service in those circumstances where a parent/guardian, family member, primary carer, or social worker is not available. |
| 3.1 |
This section addresses the roles and responsibilities for those children looked after by the local authority, who subsequently become involved in the Youth Justice System. |
| 3.2 |
In all cases referred to the YOS, its admin team will undertake the appropriate background checks to clarify the involvement of other agencies. It is important that Children's Social Care make similar enquiries of the YOS when working with a new case. |
| 3.3 |
Where a case is allocated in both the YOS and a Children's Social Care Team, the case holders should exchange appropriate information directly regarding any developments from their particular professional perspectives. The case holders are responsible for updating the information on their agency's electronic recording system. This exchange of information is essential not only for effective working of cases but the data also forms the basis of PAF and the Youth Justice Board returns. |
| 3.4. |
When a child/young person lives within Croydon, the YOS is automatically notified of any police or court action in relation to that child/young person. Each week the administrator of the YOS will check the notifications to see whether or not the child is an open case to the Children's Social Care Teams. Where they are, the relevant information will be forwarded to the case holder or the relevant admin team so that the Children's Social Care records can be updated. |
| 3.5 |
When a child/young person is placed outside of the borough such information on police or court action rarely reaches the YOS, but it should be reported to the allocated social worker by the unit or foster carer. In such cases the allocated worker will notify Croydon YOS of any contact the child has had with the youth justice system so that records can be updated. |
| 3.6 |
A representative of the responsible Children's Social Care Team should accompany a Looked After child to any youth court hearings, and, where there are no restrictions, parents should also be encouraged to attend. In exceptional circumstances, where there is no representative of the responsible Children's Social Care Team available, the YOS may be able to attend on their behalf. This will need to be negotiated on a case-by-case basis. |
| 3.7 |
Where a child who is Looked After ceases to be a client of the YOS a copy of the closing summary and final Asset assessment form should be forwarded to the Children's Social Care social worker. |
| 3.8 |
The responsibility for care planning, etc. remains with the allocated Children's Social Care social worker, but the YOS should be informed of any reviews or care planning meetings and invited to attend. |
| 4.1 |
Young people remanded to local authority accommodation by the court during criminal proceedings automatically become Looked After. |
| 4.2 |
YOS staff in their capacity as court officers will undertake remand assessments as and when required. |
| 4.3 |
Where a remand to local authority accommodation seems likely, the YOS representative will contact the appropriate Children's Social Care Team who will undertake the appropriate placement authorisation process. |
| 4.4 |
As soon as they are available the YOS representative will fax to the Access to Resources Team the Bail Asset assessment form and any other remand details in order to assist with the search for suitable accommodation. This information will also be forwarded to the Children's Social Care Team along with the warrant of commitment and, in those cases where the young person is an open case to the YOS, a copy of the most recent Core Asset assessment form. |
| 4.5 |
The YOS will provide an initial assessment of suitability for placement with parent/carer (unless the court has stipulated that the young person should not be placed at home). This assessment will consider the nature of the offence for which the young person has been remanded as well the likelihood of committing further offences. However, the final responsibility for the placement decision will rest with the relevant Children's Social Care Team. |
| 4.6 |
Young people remanded to local authority accommodation should not be placed at home unless:
- there are clear reasons for such a placement, which are not based on consideration of resources but on assessment of the young person's circumstances and needs
- additional support and supervision during the remand period is negotiated with the YOS
- a visit to the home has been conducted to ensure that the family is clear as to the implications of the change in the young person's remand status
- the court is aware of the local authority's intention
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| 4.7 |
When the remand has been made, this information must be confirmed by email to the appropriate Children's Social Care Manager with the details of the next court hearing. This email should be copied to the Access to Resources Team and to the relevant Operational Manager of the YOS. |
| 4.8 |
The YOS duty worker will escort the young person remanded to local authority accommodation from court to the relevant Children's Social Care Team office. The Children's Social Care Team will take lead responsibility for arranging transfer to the placement, implementing LAC procedures, and arranging placement planning meetings and reviews within prescribed timescales - in accordance with Part 4 of this manual. |
| 4.9 |
YOS staff will provide details about subsequent court appearances and other relevant information required by the Children's Social Care Team. This should be by e-mail to the allocated worker and copied to the relevant social worker's manager and the Operational Manager in the YOS. It is the responsibility of the Children's Social Care Team to ensure that appropriate arrangements are made for the young person to be transported to future court hearings, book transport and arrange payments. The YOS should be invited to attend all care planning or review meetings held in respect of the young person whilst s/he remains remanded to local authority accommodation until the conclusion of the proceedings |
| 4.10 |
Following a remand to local authority accommodation, a planning meeting should be arranged within 3 working days of the placement. The aim of the meeting is to:
- agree lines of communication between the professionals involved and the young person's family
- agree day to day arrangements
- identify who will be responsible for what tasks
- agree what support is to be offered to the placement
- clarify the action to be taken in the event of breach of conditions attached to the remand and by whom
- give consideration to the prospects of an application for bail at any stage of the proceedings.
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| 4.11 |
The YOS is required to hold Remand Management meetings in respect of all young people remanded to local authority accommodation. Wherever possible these should be held in conjunction with the necessary LAC meetings, the co-ordination of which will require close liaison between the allocated Children's Social Care social worker and the relevant YOS officer. |
| 5.1 |
Young people made subject to Court Ordered Secure Remands by the court during criminal proceedings automatically become Looked After. |
| 5.2 |
The YOS court/duty officer should be clear from their own assessment of the young person and their discussions with the Crown Prosecution Service (CPS) and defence solicitor, whether or not the court is likely to consider such a remand. |
| 5.3 |
In those cases where the criteria for a Court Ordered Secure Remand are met, the Youth Justice Board (YJB) Placement Service has the responsibility for identifying a suitable placement. The YOS will undertake the required liaison with the YJB and the proposed establishment. |
| 5.4 |
The YOS court/duty officer will explore all options in parallel to identify viable alternatives, including a remand to local authority accommodation (non-secure). This may be particularly relevant where there is a shortage of secure unit beds. Thus open and secure unit vacancies may be explored at the same time. Responsibility for identifying an open unit in these circumstances will be with the Access to Resources Team as described above (paragraphs 4.2, 4.3 and 4.4). |
| 5.5 |
Where a Court Ordered Secure Remand is made and the placement identified, the weekly charge of the placement (to the local authority) should be obtained by the YOS from the Youth Justice Board. This information should be sent by email to the Head of Children's Social Care Services, the Access to Resources Team and the relevant Operational Manager of the YOS. |
| 5.6 |
Where a Court Ordered Secure Remand is made, the YOS duty worker will arrange appropriate transport from the court to the secure placement in consultation with either the allocated social worker, if there is one, or the relevant Children's Social Care team Manager. Authorisation for the transport must be obtained from the appropriate Children's Social Care Team Manager before it is booked. Confirmation of the arrangements will be e-mailed to the manager and copied to the Operational Manager in the YOS. The details of the relevant Children's Social Care Manager should be provided to the escort service for invoicing purposes. |
| 5.7 |
Young people subject to Court Ordered Secure Remands will be allocated within the Children's Social Care LAC Team. |
| 5.8 |
YOS staff will provide information about subsequent court appearances and other relevant information required by the Children's Social Care. This should be by e-mail to the allocated worker and copied to the relevant Children's Social Care Manager and the Operational Manager in the YOS. It is the responsibility of the Children's Social Care Team to ensure that appropriate arrangements are made for the young person to be transported to future court hearings, book transport and arrange payments. |
| 5.9 |
Young people in Court Ordered Secure Remands will not require a criteria review (as under Secure Accommodation Regulations, Sec 25 Children Act 1989). In all other respects, the young person will be dealt with in the same way as any other looked after young person and will be subject to Looked After Reviews. |
| 5.10 |
The YOS should be invited to attend all planning or review meetings held in respect of the young person whilst s/he remains remanded to local authority accommodation until the conclusion of the proceedings. |
| 5.11 |
The YOS is required to hold Remand Management meetings in respect of all young people subject to Court Ordered Secure Remands. Wherever possible these should be held in conjunction with the necessary Looked After Reviews, the co-ordination of which will require close liaison between the allocated Children's Social Care social worker, the young person's Independent Reviewing Officer and the YOS Bail and Remand Officer. |
| 6.1 |
With the introduction of Court Ordered Secure Remands it is likely that there will be significantly fewer young people for whom an application is made under section 25. The most likely circumstances will be where a young person has previously been remanded to local authority accommodation and placed in an open unit and issues of significant risk, to self or others, are subsequently identified such that the local authority feels the need to make a section 25 application. |
| 6.2 |
Discussions should take place between the YOS and the Children's Social Care LAC Team as to whether in these circumstances a Court Ordered Secure Remand is appropriate or a Secure Accommodation Order should be sought through the Family Proceedings Court - see Placement in Secure Accommodation Procedure. |
| 6.3 |
An application for a Secure Accommodation Order involves the giving of evidence on behalf of the local authority. A representative of the appropriate Children's Social Care Team should therefore make such an application. |
| 6.4 |
Young people remanded in local authority accommodation and then placed, at the application of the local authority, in secure accommodation shall be subject to the full secure accommodation regulations and the looked after children regulations and therefore dealt with as any other young person looked after - as set out in Part 4 of this manual. |
| 7.1 |
Custodial sentences can vary in length from four months to two years. In more serious cases young people can be sentenced to longer periods in custody. All custodial sentences involve a period spent in a secure establishment and a period under supervision in the community. |
| 7.2 |
The YOS has specific duties in respect of young people serving custodial sentences, both during the custodial and community supervision elements. Whilst in custody YOS will attend Sentence Planning Meetings and Reviews, as well as visit the young person at regular intervals. After release YOS staff will supervise young people in accordance with National Standards for Youth Justice Services. |
| 7.3 |
Where a case is open to Children's Social Care and the young person is made subject to a custodial sentence, there is still a role for the allocated social worker in terms of sentence planning and preparation for the young person's subsequent release. |
| 7.4 |
Any care plan devised prior to the young person being sentenced to custody should be reviewed in light of the change in circumstances and with reference to the work required of the YOS as per National Standards. Needs identified prior to the order are unlikely to disappear because the young person is in custody. Indeed there may be some occasions where the needs may be amplified or aggravated as a result of being in custody, for example the loss of a residential or foster placement, the loss of a school placement, the interruption of family work or leaving care preparations or counselling programmes. |
| 7.5 |
Where, immediately prior to the making of a custodial sentence, a young person has been Accommodated, they should be recorded as having ceased to be accommodated at the time of going into custody. If the young person will still be under 18 at the time of his or her release, then an assessment should be undertaken to consider whether or not that young person should be re-accommodated on release. If the young person will be 16 or 17 years of age on release, they may also come within the definition of Relevant Young People and provided with services. If the young person will be over the age of 18 on release, they may also come within the definition of Former Relevant Young People and provided with services. |
| 7.6 |
Where, immediately prior to the making of custodial sentence, a young person is the subject of a Care Order, then s/he will remain the subject of that order during the sentence. If, on release, he or she is under the age of 18, then services should be provided as for any other looked after young person subject to a Care Order. If, on release, s/he will be over 18, he or she may also come within the definition of Former Relevant Young People and provided with services. |
| 7.7 |
The Leaving Care Act 2000 extended the obligations of the Local Authority to provide services to young people leaving care. To qualify for services under this Act, a young person, aged 16 or 17, must have been looked after for a period of at least 13 weeks since the age of 14 years. This may include periods during which a young person has been remanded to local authority accommodation. See Leaving Care Procedure. |
| 8.1 |
Child protection issues, including those where young people have committed acts of violence or sexual abuse against other children/young people, will be referred in keeping with the London Child Protection Procedures |
| 8.2 |
YOS staff should be familiar with the Thresholds for the Assessment of Children by Children's Social Care, which have been developed by local authorities in London - see London Children's Social Care Thresholds (Tri-x add link). They should also be familiar with the London Continuum of Need (CAF Thresholds) (Tri-x add link). |
| 8.3 |
Any client of the YOS will be the subject of an Asset assessment. This assessment should be used in conjunction with the Children's Social Care and CAF Thresholds to consider the appropriateness of a referral to Children's Social Care for an assessment. |
| 8.4 |
It is probable that the YOS will only refer those cases that fit into the high priority category and where there is a high risk of family breakdown. When referring cases to Children's Social Care, the YOS will provide copies of the most recent Asset assessment and Pre Sentence Report and any other relevant documentation. |
| 10.1 |
Unaccompanied young asylum seekers arriving in the UK often come into contact with the Immigration Service and criminal justice system and become the joint responsibility of the YOS and Unaccompanied Minors Team in Children's Social Care. |
| 10.2 |
The YOS will usually be notified (by the police or court) once a young person has been charged and is due to be brought before the court. At this point the YOS will contact the Unaccompanied Minors Team in Children's Social Care. |
| 10.3 |
Establishing the correct age of a young person is essential before they are dealt with by the criminal justice system in order to avoid inappropriate placements and other complications at a later stage. It is the responsibility of the Unaccompanied Minors Team in Children's Social Care to undertake age assessments. |
| 10.4 |
YOS staff will carry out initial assessments of young people at court and notify the Unaccompanied Minors Team in Children's Social Care to request that a placement be sought. It is the intention of the YOS to seek to persuade the court to bail unaccompanied young asylum seekers to an address provided by the local authority or make them subject to a remand to local authority accommodation (see Section 4, Children Remanded in Local Authority Accommodation (CYPA 1969, s23 (1)), rather than them being remanded in custody or made subject to a Court Ordered Secure Remand. These are the only options available to the court as these young people will not have an address to be bailed to. |
