6.2 Protocol for the Exercise of Joint Responsibilities between the Youth Offending Team and Children's Social Care Services

Introduction
Purpose
Responsibilities of the Youth Offending Team and Children’s Social Care
Under Section 31(10) of the Act
Referrals
Assessment
Risk of Harm
Remands
Electronic Tagging
Appropriate Adult Services
Work in Court
Information Sharing
Schedule 1 Offenders and Sex Offenders Register
Co-ordinated Interventions
Other Areas of Joint Working
Attendance at Formal Service Meetings
Conflict Resolution
Review of Protocol

1. Introduction

The Crime and Disorder Act 1998 includes both Children’s Social Care (CSC) and the Youth Offending Team (YOT) amongst the agencies that are required to work together to reduce youth crime. The Children Act 2004 requires the YOT to work with CSC to promote the safety and well being of children and young people in their area. Recognising that the welfare of the child is a shared concern, all involved must aim for a consistent, continuous service within which resources are effectively managed. This protocol aims to provide a framework to support these objectives and should be read in conjunction with the Pan-London Inter YOT agreement which was effective from 03.07.06.

The principal aim of the youth justice system, as set out in section 37 of the Crime and Disorder Act 1998, is to prevent offending by children and young people aged 10 to 17. Youth offending teams (YOT's) are the main vehicle by which that aim (and its supporting objectives) are delivered, through coordinated work at a local level.

Objectives:

The swift administration of justice so that every young person accused of breaking the law has the matter resolved without delay;
Confronting young offenders with the consequences of their offending, for themselves and their family, their victims and their community and helping them to develop a sense of personal responsibility;
Intervention which tackles the particular factors (personal, family, social, educational or health) that put the young person at risk of offending and which strengthens protective factors;
Punishment proportionate to the seriousness and persistence of offending;
Encouraging reparation to victims by young offenders;
Reinforcing the responsibilities of parents.

The importance of working together to safeguard young people, reduce risk and re-offending is an essential element of the work undertaken by YOT. For non criminal matters the YOT will refer to partner agencies, e.g. for young people aged 16/17 at risk of homelessness a referral by YOT would be accepted by the Housing Leaving Care Team and an assessment made which incorporated the principles of the Southwark judgment.

2. Purpose

The purpose of this protocol is:

To confirm the commitment of CSC to the key objectives and relevant targets of the YOT;
To confirm that suitable arrangements are in place to facilitate access between services provided by the YOT and CSC;
To confirm the commitment of CSC under Section 17 of the Crime and Disorder Act 1998 to prevent offending by children and young people;
To confirm the commitment of CSC and YOT under Section 15 of the Children and Young Persons Act 2008 (which inserted a new section 23ZA into the 1989 Children Act) to comply with the guidance and regulations of the local authority’s responsibility towards former looked after children in custody;
To confirm the commitment of the YOT to promote the safety and well-being of children and young people in accordance with Every Child Matters;
To confirm the commitment of the CSC stemming from the Scaled Approach and Youth Rehabilitation Order as outline in the Criminal Justice and Immigration Act 2008;
To confirm that the YOT will operate in accordance with the Pan London Child Protection Procedures (4th Edition Dec 2010) and Working Together to Safeguard Children 2010 alongside Bexley CSC and LSCB policies and protocols.

3. Responsibilities of the Youth Offending Team and Children’s Social Care

3.1 Responsibilities of the YOT to Promote the Safety and Well-being of Children and Young People

The Children Act 2004 sets out a requirement for the YOT to co-operate with all local children’s services in their duty to promote the safety and well-being of children and young people. This will be achieved by the following:

The YOT, in conjunction with CSC, will care plan in advance services for young people leaving custody giving due regard to issues relating to risk and vulnerability;
The YOT will refer child protection or children in need concerns to CSC and contribute towards child protection plans on a case by case basis as appropriate;
The YOT will hold, where appropriate, children in need cases, but will never be the lead agency for cases involving child protection, Looked After Children (LAC) or those remanded to the local authority;
The YOT will contribute to reviews of LAC who are also young offenders;
YOT Intervention plans involving a LAC will inform and complement the overall LAC care plan and Pathways Plan for Eligible, Relevant and Former Relevant Y/P;
The YOT will share, through the YOT’s Multi-Agency Deter and Risk Management Panel and the Multi Agency Public Protection Arrangements (MAPPA) process, information on children and young people who pose a risk to the local community;
The YOT will provide youth justice services if offences are committed by children and young people placed in their area by other authorities, and will liaise with CSC if there are any concerns which may require investigation under Section 47, Children Act 1989;
The YOT Head of Service will be a member of the Bexley Local Safeguarding Children Executive Board and the YOT will operate in accordance with the Pan London Child Protection Procedures (4th Edition Dec 2010) and Working Together to Safeguard Children 2010.

3.2 Responsibilities of Children’s Social Care under Section 17 of the Crime and Disorder Act

CSC will contribute to fulfilling the statutory aims of the youth justice system.

This will be achieved through:

Provision of social care services to meet the assessed needs of young offenders, child protection intervention, children in need services, section 20 accommodation, family support services, secure placements on welfare grounds;
The CSC will ensure that LAC reviews for young offenders are conducted in a timely fashion and in accordance with Youth Justice Board National Standards (including those in custody);
The CSC will share information with the YOT on children and young people considered to be at risk of offending.

Custody and Section 20

Local Authorities have a duty (Section 23ZA of the 1989 Act) to appoint a representative to visit and assess children who were looked after under section 20 and who therefore cease to be looked after when they enter custody. This assessment will include whether the child will need to be accommodated again on release. Bexley CSC has taken the view that the child will continue to receive LAC services, from the allocated social worker prior to custody, who will continue to plan for their needs post-custody, up until the point that they are 16, when the Leaving Care Service becomes responsible for Pathway Planning. These children fall under regulation 39 of the Care Planning, Placement and Care Review regs - "The care plan must include details of advice, assistance and support that the responsible authority intend to provide for C when C ceases to be looked after by them".

Whether Remanded in or sentenced to custody an Initial Sentence Planning Meeting needs to take place in the custodial institution within 5 working days (When Remanded) or 10 working days (when sentenced) to be compliant with YJB National Standards. The Youth Offending Team will seek to arrange such a meeting and the allocated CSC Social Worker who had responsibility for maintaining the care or pathway plan before the young person entered custody is required to also attend. This role cannot be delegated to the Youth Offending Team Case Worker.

An assessment is undertaken which has 3 outcomes:

Parents are able to meet the child's needs whilst in custody and resume care on release:
1. With YOT input only;
2. With YOT input and section 17.
Parents can meet child's needs whilst in custody but cannot resume care on release:
1. Child will need to become LAC on release; or
2. Child does not need to become LAC on release but will require accommodation.
Parents cannot meet the child's needs whilst in custody or on release:
1. Child to become LAC on release;
2. Section 17 whilst in custody.

3.3 Additional Joint Responsibilities

Local Authority remands will be managed as a joint responsibility of the YOT and the Local Authority CSC. The Local Authority will ensure that it makes available adequate provision for remands to its care;
The YOT will liaise in good time with CSC regarding the transfer of LAC from custody to the community and where possible CSC should attend a custodial planning meeting with the YOT prior to release;
The YOT will meet the Anti-Social Behaviour Act 2003 requirement to notify courts where they will place the child or young person if a court were to remand them to Local Authority accommodation.

If information is received by the YOT or by the Local Authority indicating that there is a reasonable cause to suspect a young person in custody or secure accommodation is suffering or is likely to suffer significant harm (Section 31 Children Act 1989) it is the Local Authority CSC in whose area the custodial establishment is located which is responsible for undertaking the Section 47 enquiries.

Significant harm ‘means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another (e.g. domestic abuse) ‘development’ means physical, intellectual, emotional, social or behavioural development ‘health’ means physical or mental health; and ‘ill-treatment’ includes sexual abuse and forms of ill-treatment which are not physical’.

4. Under Section 31(10) of the Act

Under Section 31(10) of the Act where the question of whether harm suffered by a child is significant turns on the child’s health and development, their health or development shall be compared with that which could reasonably by expected of a similar child

Proper consideration must also be given to issues of confidentiality to ensure that whilst relationships with service users are soundly based on trust, children and young people are protected by the sharing of information in accordance with the requirements of the London Child Protection Procedures and the Bexley Safeguarding Children Board.

Where the information relates to victims in sensitive cases such as serious sexual assaults, indecency, or child abuse cases, written consent for the sharing of such information may be needed from the victim or the person with parental responsibility.

However in the event of a person refusing permission for the divulging of the information required, the Local Authority will still provide it if there are clear child or public protection grounds for doing so as set out in the above procedures.

A child or young person can make choices about use of information if they are considered to be competent under the Fraser Guidelines, i.e. they have the maturity to understand the significance to them of the decision they are being asked to make. It is the child’s/young person’s allocated Social Worker, or the Social Worker based in the YOT who has been asked to provide the information that makes this judgment.

5. Referrals

Referrals to CSC are made to the appropriate child care team between 0900 - 1700 hours. The Emergency Duty Team (EDT) should be contacted outside of these times.

Referrals to Bexley Children’s Social Care must be submitted on an Interagency Referral Form in writing after having discussed the case with the Duty Senior Social Worker. The referral form may be accompanied by any additional YOT information/report available. This will replace the multi-agency referral form previously in use. Please continue to use the Bexley Safeguarding Children Board (BSCB) Safeguarding continuum of need document which sets out when a referral should be considered and the range of children who may be in need of specialist assessment, support or intervention. Where there are doubts about whether or not a referral should be made, YOT will contact CSC duty officer.

CSC will refer any child or young person who is not yet formally involved in the criminal justice system to diversionary schemes such as the Youth Inclusion Support Programme.

6. Assessment

6.1 General

Those signed up to this protocol agree that the assessment of a child’s or young person’s needs as presented in the various assessment formats by either YOT or CSC staff are of equal standing and will be mutually respected. Welfare services required to meet a child’s or young person’s needs, such as accommodation, family support or advice, will remain the remit of CSC. Care plans for children and young people for whom the YOT also have a responsibility should always be developed jointly.

6.2 ASSET and ONSET

The dimensions of the Assessment Framework are consistent with those of the ASSET and ONSET profiles. The key difference is that ASSET and ONSET concentrates in depth on areas of a young person’s life most likely to be associated with offending behaviour. This will need regular review in line with development of the common assessment framework. Responsibility for undertaking ASSET or ONSET assessments either directly or with the help of others lies with staff based with YOT.

ASSET reports will provide an assessment, analysis and plan for managing the risk of re-offending (including violent and sex offenders), risk of harm and risk of vulnerability.

6.3 Assessment Framework

Where cases are open to both the YOT and CSC, each service will contribute information to inform the assessment procedures of both agencies.

Initial assessments and core assessments are coordinated by social workers in the CSC Teams. The assessments will consider the relationship between offending behaviour and welfare needs. All workers will ensure minimum duplication of effort and content where both Initial/Core and ASSET/ONSET assessments are being undertaken, to avoid a two-tier system. They must ensure that children and young people are not asked to repeat the details of their circumstances to more than one assessor.

Workers in their respective setting must present their assessment recommendations in terms of the child’s or young persons needs, rather than in service specific terms if these are resources managed by the other team.

Where YOT complete their involvement with a LAC who has been subject to a community sentence they should provide the CSC with a copy of the final ASSET/ONSET report.

7. Risk of Harm

If either CSC or the YOT have information, either historical or current, that suggests that the child or young person may present a risk of harm to themselves or others or re-offending, this must be shared as soon as it is known. It is the responsibility of each agency to record these risks on their case file and make arrangements to notify relevant partner agencies as early as possible.

Risk of serious harm to others should be assessed using information from a wide range of sources, including parents, schools, police. The Asset - Core Profile and Asset - Risk of Serious Harm should be at the centre of any risk assessment decision.

All children or young people known to the YOT who meet one or more of the following criteria will be referred to the YOT’s Multi-Agency Deter and Risk Management Panel for a risk assessment decision:

Those who trigger Risk of Serious Harm (ROSH) ASSET;
Those who have met ‘Dangerousness criteria’ under schedule 15;
Those who have been convicted of a sexual offence;
Those with offences of violence: i.e. Assault, ABH, poss. of firearm/weapons, Robbery etc.;
Those scoring 2 or more on emotional - mental health section of ASSET;
Those scoring 2 or more on the vulnerability section of ASSET;
Those scoring 2 or more on the serious harm section of ASSET;
Those sentenced to Section 91 and Detention and Training Order;
Those released from custody;
Those with offences motivated by discriminatory attitudes;
Those referred for mental health assessments;
Those who have an ASSET score of 33 or more.

CSC will provide a social worker where a case is allocated within the Child Care Team or where there has been recent involvement which may better inform the panel to attend the YOT’s Multi-Agency Deter and Risk Management Panel.

If the child or young person is thought to present a significant risk of harm to family members or the community, a Multi Agency Public Protection Panel referral should be made. This will be organised by the YOT.

If it is considered that a child or young person may be at risk of suffering abuse or neglect in accordance with local child protection/safeguarding legislation, then the matter must be reported as soon as possible to the CSC duty officer or the Emergency Duty Team during out of hours service.

8. Remands

Aa remand to or LOCAL AUTHORITY SECURE UNIT (LASU) or CARE INTO LOCAL AUTHORITY ACCOMMODATION is a refusal of bail and needs to be considered only as a last resort.

8.1 Remands to Secure Accommodation

The decision to impose a secure order remand on a child or young person is for 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 YOT in liaison with the Youth Justice Board (YJB);
At the earliest opportunity when a secure remand is imminent, the YOT will inform the Duty manager for the child care team where the YP lives and the placement manager in the Children’s Placement Service;
CSC will be responsible for ensuring that all LAC paperwork is completed within 24 hours of the placement being confirmed;
The YOT will fax a copy of the warrant of commitment to the Children’s Placement Service as soon as it is received;
The YOT will alert Team Manager of the Children’s Safeguarding Service of the need to allocate an officer to carry out the statutory child care review procedure;
Funding for the secure placement will be jointly financed by the Youth Justice Board and the Children’s Social Care Placement Budget. The Placement Manager will oversee and monitor the costs. In addition the costs for escort services will also be met by the agency placement budget.
The Children’s Placement Service via the Placement Manager will be responsible for commissioning any escort services that are required. The production and arrangement of escorts for subsequent remand hearings and sentencing will be conducted by the YOT in consultation with the Placement’s manager, Children’s Placement Service;
When Remanded to Secure Accommodation custody an Initial Sentence Planning Meeting needs to take place in the custodial institution within 5 working days to be compliant with YJB National Standards. The Youth Offending Team will seek to arrange such a meeting and the allocated CSC Social Worker who had (or now has on a young person not previously looked after) responsibility for maintaining the care or pathway plan before the young person entered custody is also required to attend. This role cannot be delegated to the Youth Offending Team Case Worker.

8.2 Remands into Local Authority Accommodation

The Local Authority has a similar responsibility to those children and young people remanded to its accommodation as it does for LAC, albeit on a temporary basis. Only in exceptional circumstances will it be appropriate to place a remanded child or young person at the same address at which s/he was living at the time of the offence.

As soon as the YOT is aware of accommodation being required they will phone the Children’s Placement Team to provide basic details of the child or young person and YOT will send over a completed copy of the Home Office/YJB assessment tool (ASSET).

If the Remand into Local Authority Accommodation takes place after 6 pm on weekdays, Saturday or Bank Holiday courts, the YOT will liaise with the Emergency Duty Team.

If the remand proceeds, the child or young person will be allocated within both CSC and the YOT, and any additional intervention during the remand period will be jointly agreed. Where the court remands a child or young person into the care of the Local Authority, CSC will decide the most appropriate placement for the child or young person (this may include home or with family members). The YOT will provide CSC with all relevant information at the earliest opportunity to assist the assessment process.

CSC will be responsible for identifying an allocated social worker and ensuring that all LAC forms are completed.

LAC forms must be completed for those children and young people remanded to Local Authority Accommodation. CSC will complete this work through the relevant child care team.

The YOT will fax a copy of the warrant of commitment to the Children’s Placement Team and it will be the responsibility of the Children’s Placement Team to forward this to the relevant placement provider.

CSC will be responsible for notifying both the YOT and Police about a child or young person who has failed to reside as directed as this will be a breach of remand and could lead to their arrest. The allocated Social Worker may have to give evidence in court to support this breach.

There should be an initial placement meeting within three working days of the remand, chaired by a Senior Social Worker from CSC, and attended by representatives of the YOT, relevant CSC, family members and placement providers. The purpose of the meeting is to clarify roles, responsibilities, information exchange, action to be taken in case of breach of conditions/requirements of remand, consider prospects and plans to support future application for bail and escort arrangements. Remand Reviews must be held monthly by the YOT with Children’s Social Care in attendance.

Children’s Social Care will be responsible for arranging and funding escorts for this and subsequent court hearings. This will be done in consultation with the YOT.

The YOT will assess for and construct a bail support package, where appropriate, taking into account the placement identified. Bail support may include support to be provided by foster carers or residential workers. The package to be offered will be communicated to the allocated Social Worker before being presented to the Court, where practicable. Any bail support package will take into account the existing care plan for the child or young person.

8.3 Subsequent Requests for Accommodation Under S20

Where it is clear at the outset, or later becomes apparent, that the child or young person will need to be considered for Local Authority Accommodation at the end of the remand period, the allocated Social Worker or the Duty Team must be contacted at the earliest opportunity as they will be responsible for the decision making and placement process. In view of this it is good practice to include them in the planning process for the remand period.

8.4 Bail Supervision and Support Programme's

In order to prevent a remand into the Care of the Local Authority taking place the YOT will make every effort to remand the child or young person on bail and where necessary, offer bail supervision and support programme.

If additional family support, or assistance with accommodation, is required to support bail supervision and support programme, the YOT will discuss these needs with CSC. (Refer to YOT Bail Supervision and Support Programme and Remand Management Procedures).

For those children and young people allocated to CSC, the YOT will work alongside the allocated Social Worker, providing advice regarding identification of offence related risk factors, and ways in which these may be addressed.

8.5 17 Year Olds Remanded on Bail

The YOT does not have any budget to fund placements for young people. Where a 17 year old may be remanded in custody, if that young person is a care leaver, either under S24 Children Act, or under the Children (Leaving Care) Act, the Local Authority may decide to fund a placement whilst on bail (discretionary). Where such a decision is made, the process for seeking a placement should be as with young people via discussion with the allocated social worker in the leaving care team.

A disproportionate number of young people who have been looked after by Local Authorities experience custody. Every effort should be made to ensure that this number is reduced. Any decision would, however, be subject to the YOT Worker's assessment of the risk that young person may present to the public.

Where a decision is made not to offer an alternative to a custodial remand, the YOT should remain in contact with the young person throughout their period in custody. Adequate plans should be made to address social and offence related risk factors, to ensure, as far as is possible, that once released from custody they do not re-offend and have integrated resettlement plans on their release.

8.6 Requests for Accommodation under Section 20 1989 Children Act

Any request for a child or young person to be accommodated under Section 20 should be referred to the allocated Social Worker or to CSC Duty Team as appropriate, irrespective of the source of the referral.

9. Electronic Tagging

The guidance in this section should be read in conjunction with 8.1 or 8.2 above.

The YOT Court Duty Officer who makes the assessment will ensure that the CSC database is accessed to gain information on the proposed household for the bail or care into Local Authority Accommodation address. In situations where this is not possible the YOT Court Duty Officer will contact the relevant CSC Team.

In those cases where the proposed use of tagging is for children and young people already accommodated or who may be in the care of the Local Authority Accommodation, the consent to tagging being used at the proposed address must be obtained, where appropriate from the parent/carer, residential unit, Children’s Placement Service and Social Worker.

It is the responsibility of the Children’s Placement Team and Social Worker to confirm their consent in writing to the YOT within 24 hours (see consent form for electronic monitoring).

It is the YOT’s responsibility to ensure that the details of the electronic monitoring contract are forwarded to the relevant Social Worker and Placement at the Placement Planning meeting.

Should it be necessary for an emergency change of placement to be made by CSC or the Emergency Duty Team, details of the new placement will be faxed to the YOT, Bexley heath Police Station and the monitoring contractor by the named Social Worker as soon as possible and in any event no later than 24 hours after the change of placement has been made.

10. Appropriate Adult Services

10.1 Responsibilities of the YOT

The YOT is responsible for the provision of Appropriate Adult Services between 9am to 5pm Monday to Friday where parents cannot attend. In some cases an allocated Social Worker, Residential Worker or Foster Carer may act as Appropriate Adult (AA) but in carrying out AA duties should follow the guidance set out by the YOT Manager.

10.2 Initial Enquiry

Where a request is made for an AA, basic details should be obtained from the referring Custody Sergeant before a decision is made as to whether it is appropriate to attend. The YOT must ask for the child or young person’s name, address and date of birth and ask on what offence the child or young person has been arrested.

Where a request for an AA is made the YOT Worker should make record checks regarding previous court orders, bail conditions, warrants, Persistent Young Offender status, and the nature of previous convictions (i.e. violent, sexual). If the record checks reveal concerns regarding the child or young person regarding likelihood of self harm or specific medical needs, these should immediately be brought to the attention of the attending AA and the Custody Sergeant. If there are concerns regarding the child or young person’s physical or mental health, (including the influence of drugs or alcohol) the worker should ask for medical advice to be sought.

The YOT is responsible for providing an AA Service to the local police station during office hours for children and young people under 17 who have been arrested within the borough. The Emergency Duty Team will respond to out of hours requests.

When a child or young person is denied bail and is to be detained until the next available court under Police and Criminal Evidence (PACE) regulations requests for accommodation are to be referred to CSC who will be responsible for the provision of accommodation where the CSC assessment procedures indicate that it is appropriate.

Requests for an AA for the victim of an offence will be dealt with by the CSC duty officer. A young offender aged 17 or over will be dealt with by Adult Services for vulnerability and Mental Health.

10.3 Parental involvement

Under usual circumstances the parent is the most appropriate person to attend a PACE interview (unless they have a conflict of interest as either victim or co-defendant in the offence). It is important to ensure that parents carry out this function whenever possible. This includes the parents of children and young people who are accommodated by the Local Authority, although not those who are subject to Care Orders under S31, Children Act (see below).

Where the parents are not available immediately, but will be at a future time and date, police should be asked to grant (47/3) bail until parents are able to attend. This would usually be possible for minor offences, but not where the child or young person may present a risk to the public or him/herself.

PACE Codes of Practice state that in the case of a juvenile (child aged 10-17), Appropriate Adult means: “his parent or guardian (or, if he is in care, the care authority or voluntary organisation. The term, ‘in care’ is used in this code to cover all cases in which a juvenile is ‘looked after’ by a Local Authority under the terms of the Children Act 1989” (Code C, 1.17(a)(i)).

10.4 Looked After Children

Where the child or young person is living away from the family, check with the CSC Duty Team to ascertain the child’s or young person’s legal status. If the child or young person is subject to a Care Order under S31, Children Act 1989, the Local Authority shares parental responsibility with the parents(s) who have parental responsibility for the child or young person and the YOT will nominate an AA in consultation with the allocated Social Worker.

If the child or young person is looked after by the Local Authority under S20, Children Act 1989, enquiries should be made about the nature of his/her placement, and his/her circumstances.

For children and young people looked after under S20 the local authority does not share Parental Responsibility.

The allocated Social Worker should be able to advise whether it would be appropriate for the parents to attend. As a general rule, parents have a responsibility to act as AA, but they may be estranged from the child or young person, or there may be orders restricting access of the parent to the child or young person. Where it is inappropriate for the parent to attend, it may be appropriate for a carer, such as the foster carer, to attend. Again this decision would be guided by the allocated Social Worker. If all other possibilities have been exhausted, then the CSC must provide the AA.

If the decision is to attend, the member of staff should ascertain what time the interview will take place and arrange to attend shortly before that time. Although young people may choose not to exercise their right to legal representation, the AA may decide to overrule that decision.

Appropriate Adults provided by or acting on behalf of the YOT should ask the Custody Sergeant to arrange for a solicitor to be present. This may mean a revision of the time the interview will take place and this should be ascertained before leaving the office.

11. Work in Court

11.1 Preparation of Pre-Sentence Reports

When a Pre-Sentence Report (PSR) is requested the YOT will check the CSC database to establish if the child or young person has been known to CSC in the last 12 months.

If so, the report writer will liaise with the current or previous Social Worker to gain relevant information for the PSR. A copy of the PSR will be provided to CSC, where the case is currently open.

In cases where it is necessary for the YOT to view case files they will be provided to the YOT within 5 working days of the request.

If the subject of the PSR is currently open to CSC, the Intervention Programme in the conclusion of the report will be discussed by the YOT with the allocated Social Worker. This programme will be tailored to target both the factors that contribute to offending and to support the Every Child Matters key outcomes.

11.2 Preparation of Stand-Down Reports

Stand-down reports are prepared in court “on the day”. YOT staff are usually working to a one hour deadline.

In cases where the child or young person is known to CSC, the Court Duty Officer will liaise with the relevant Social Worker to gain relevant information and to discuss a proposal within the relevant court deadline.

If the information received from CSC indicates that the case requires a more complex assessment, the Court Duty Officer will request an adjournment for a full PSR.

11.3 Attendance at Court by Children’s Social Care

The role of the YOT is to provide a service to the local magistrates’ and crown court.

In those cases open to CSC where a Looked After Child is required to attend planned court hearings (in or out of borough) , the attendance of a responsible adult and the escort arrangements remain the responsibility of CSC in the absence of parent(s)/carer(s).

Attendance at criminal court proceedings by a worker from CSC will be decided on a case by case basis with prior consultation with the YOT. It is the responsibility of CSC to ensure that an AA is in attendance at court to support the young person. The role of the Social Worker in court is to advocate and inform the court regarding the child or young person’s social well-being.

12. Information Sharing

The Crime and Disorder Act 1998 states that information should be shared between agencies if it contributes to the reduction or prevention of offending. This is the measure that should be used on a case by case basis when the YOT and CSC share information.

This definition is appropriately interpreted to include the sharing of information To Whom It May Concern: protect children, young people and staff. The sharing of relevant information is recognised as crucial for assessment, planning and intervention process.

CSC will provide the YOT with a read-only version to the CSC database for the purpose of information sharing.

For more detailed information on the information sharing between the YOT and CSC, refer to the ‘Information Sharing Protocol for the YOT and Partnership Agencies.’

At the earliest opportunity the relevant organisations will consult with each other when a child or young person is known to either organisation. They will share all relevant information in order to reach a joint decision about the most appropriate course of action for the young person.

Where possible both the YOT and CSC will use a Secure Email Facility to exchange information.

12.1 Disclosure of Information to Children’s Social Care regarding Children and Young People currently being processed through the Youth Justice System

When a referral of a child or young person is made by police, the YOT will check CSC database in all cases to find out if they are an open case. If they are, the relevant team will be informed of the Reprimand, Warning or Charge within three working days.

The YOT will inform the relevant team or allocated worker in CSC of the outcome of Bexley court hearings and adjournment dates within 24 hours and cases at outside courts within three working days.

If the defendant is placed out of borough by CSC and new offences come to the notice of the allocated worker, they must advise the YOT of these new matters within three working days.

A record of disclosure will be made by the YOT and CSC on their respective databases.

12.2 Serious Incident

All organisations working within the youth justice system have a responsibility to ensure, as far as possible, the safety of young people, staff and the wider public within the context of the services they provide. Serious incidents are rare. However, when they do occur, they are likely to generate considerable media interest and threaten public confidence in the system. The YJB has in place an established system for dealing with serious incidents. The YOT will complete the serious incident form and forward to YJB, Assistant Director, YOT Management Board, Safeguarding Children Board and Social Worker within the time frame set by the YJB.

13. Schedule 1 Offenders and Sex Offenders Register

Where a child or young person is charged with an offence who, if convicted, would be required to register in accordance with the Schedule 1 of the Children and Young Persons Act 1933 or Sex Offenders Act 1997, their personal particulars and full details of the offence will be sent by the YOT admin staff, to the Team Manager of the Safeguarding Children Service and the Head of Children’s Social Care by letter within seven days of the notification of referral.

Where a Looked After Child is arrested and released on police bail for an offence, as above, the notification should be made immediately as it may have implications for their placement.

On conviction of an offence, as above, the PSR and ASSET report will be provided to the relevant CSC Social Worker to ensure that the child’s or young person’s details are properly recorded in accordance with local procedures and disclosed to relevant authorities when required.

14. Co-ordinated Interventions

14.1 General Work

In cases where joint work is being undertaken by the YOT and CSC, the role of the YOT Officer is to conduct offence-focused work, while the Social Worker is responsible for the social well-being of the child or young person.

The role, responsibilities and resource commitment of each service should be clearly identified in each plan and should define what pieces of work will be carried out jointly in order to ensure a holistic service is being provided.

Each plan should outline how the child or young person and their family will be informed about the different roles of each worker.

Each plan should detail how liaison between workers from each service will take place.

14.2 Community Sentences

The YOT will manage these orders by complying with the YJB’s National Standards. Where a case is open to both the YOT and CSC, close liaison between workers must be maintained.

Where a review meeting is held by either agency the allocated worker from each agency must be invited and should make every effort to attend or provide a progress report in their absence.

Should either of the allocated workers leave their respective teams, it shall be the duty of the relevant Practice Manager to re-allocate the case as a matter of urgency.

14.3 Detention and Training Orders

The YOT will manage these orders in accordance with National Standards. CSC will only have involvement in the sentence planning and preparation for the young person’s release where that young person is looked after and will continue to be looked after on release or where the young person is a care leaver and known to the 16+ Leaving Care Team.

The YOT will be responsible for co-ordinating Education, Training and Employment provision in readiness for the young person’s release.

14.4 Out of Borough Placements

All LAC or young people that are placed outside of the London Borough of Bexley are the responsibility of the YOT in the area in which they are residing.

CSC will keep the YOT informed about any offending behaviour of the child or young person so placed. The YOT will liaise with the local YOT which the child or young person resides and act as a conduit for the information flow between all relevant agencies.

CSC are responsible for informing the YOT of any changes to placements at the earliest possible stage.

14.5 Requirements set out in the Scale Approach and Youth Rehabilitation Order (YRO)

The Scaled Approach aims to ensure that interventions are tailored to the individual, based on an assessment of their risks and needs. Interventions are more effective when their intensity is matched to an assessment of the likelihood of the person re-offending, and are focused on the risk factors most closely associated with their offending. The YOT and CSC will direct time and resources to young people appropriately, in accordance with their risk assessment. Requirement such as LA Residence is for CSC to place in conjunction with YOT guidance, these young people and they will be considered as LAC. Intensive Fostering is for the Youth Justice Board to identify placement, in conjunction with YOT and CSC, the young person is considered as LAC and due process as this protocol sets out will be followed and managed within the guidelines of YRO Intensive Fostering National Standards 2009.

15. Other Areas of Joint Working

15.1 Section 17 Budget

The YOT should refer cases where they consider a child or young person is in need of assessment to be undertaken by CSC to determine whether there are needs which should be met under Section 17 of the Children and Young Person’s Act.

15.2 Parenting Work

The YOT will undertake an assessment of the parents of young offenders to establish the appropriateness of a Parenting Order or voluntary parenting support.

Where joint work is being undertaken by YOT and CSC and the parent is subject to a Parenting Order there should be a clear indication of roles and responsibilities between the workers from each agency to avoid duplication of work.

15.3 Education

The Head of Virtual School and Looked After Children Education team (LACE) will work alongside YOT and the LAC’s allocated social worker to support them in finding appropriate educational provision and monitor engagement.

15.4 Health

The YOT will undertake health screening of young offenders and work alongside health services including CAMHS to support young people to engage in appropriate health services and monitor engagement. Where the young person is LAC, the YOT will work alongside the social worker to support access into the relevant services.

15.5 CSC and LSCB Policies

Pan London Child Protection Procedures (4th Edition Dec 2010 and Working Together to Safeguard Children 2010) are available to download on the internet at London SCB website. All CSC protocols and policies are available on Tri-x, Bexley’s intranet at Bex-web/Your Council/ Children's and Young People's Services Procedures Manual and LSCB protocols and policies are available at Bexley LSCB website.

16. Attendance at Formal Service Meetings

16.1 Meetings Focused on Young People

Where cases are open to both services, the YOT will attend the following meetings:

Child Protection Conferences;
Strategy Meetings;
Professional Meetings;
Children in Need Meetings;
Child Care Reviews;
Pathways plan reviews for Eligible, Relevant and Former Relevant Y/P;
Remand Reviews;
Initial Sentence Planning Meetings;
Deter and Risk Management Panel Meetings;
Safeguarding Meetings.

CSC will attend MAPPA and the Head of Children’s Social Care will receive records of the Deter and Risk Management Panel and be invited to attend for relevant items Where children/yp are known to Children’s Social Care the allocated worker or relevant team will be invited for that item. CSC will attend any relevant meeting regarding YOT’s supervision of children and young people and contribute to YOT supervision plans.

16.2 Staff Meetings

An 8 weekly meeting between the YOT Operational Managers, Practice Managers in the Leaving Care and relevant Child Care Teams will be held to monitor and review joint cases. This will be organised by the YOT Operational Managers.

17. Conflict Resolution

If there is conflict regarding conclusions about assessments or interventions that cannot be resolved by the workers from each service, this should be referred to the YOT Operational Manager and the relevant CSC Manager. In the unlikely event that a conflict cannot be resolved this should be brought to the attention of the Head of Service, Children’s Social Care and YOT Manager who will arbitrate.

18. Review of Protocol

Click here to view Review of Protocol.

End