4.13.5 Protocol between Bradford Police, Youth Offending team and Children's Social Care Regarding Incidents in Residential Homes for Looked After Children which may Result in Police Intervention and Action |
SCOPE OF THIS CHAPTER
This protocol applies to children placed in Residential Homes managed by Bradford Services to Children and Young People.
Children's Social Care staff are working hard with colleagues in the Police Service and Youth Offending Team to reduce the level of recorded offences and offending behaviours by looked after children. This protocol is part of the strategy to address this issue.
This chapter was new in January 2010
Contents
- Violence by a Young Person on Another
- Violence to Staff by a Young Person
- Criminal Damage within the Home to Children/Young People, Carers/Staff or Council Property
- Theft from the Home of Property Belonging to Young People, Staff/Carers or the Council
- Disorder in and Around the Home
- Possession of Weapons
- Substance Misuse
- Racial/Religious Harassment/Abuse (both Verbal and Physical)
- Sexual Harassment
- Other Offensive/Offending Behaviour Not Specifically Listed Above
- Children Missing from Care Homes
Appendix 1 - Neighbourhood Policing Team Contact Details
Appendix 2 - Incident Report Form
Appendix 3 - Social Care Custody Report
Appendix 4 - Children's Homes Contact Details
Appendix 5 - Bradford District Neighbourhood Policing Teams (NPT)
The aims of this protocol are:
Statement of Principle
Guidance to staff on unacceptable behaviours that workers may be expected to deal with in residential care.Where practicable, all incidents should be discussed with a manager, NPT designated officer and / or YOT worker to determine the most appropriate course of action. |
1. Violence by a Young Person on Another
Violence includes threatening and intimidating behaviour as well as striking with or without use of a weapon.
Not all violence and aggression results in significant harm. Staff will need to consider all the factors relevant at the time when considering what actions to take.
It is recognised that both parties may be angry, upset and vulnerable. The use of informal education, permitted sanctions and a restorative justice approach would enable a responsible person to be involved with the young people (and others where appropriate) in the process of resolving difficulties in a mutually acceptable way, and in agreement with all parties whenever possible.
There is a need to ensure that Health and Safety, Behaviour Management and Child Protection policies and reporting procedures are followed.
2. Violence to Staff by a Young Person
Violence includes threatening and intimidating behaviour as well as striking with or without use of a weapon.
Not all violence and aggression results in significant harm. Staff will need to consider all the factors relevant at the time when considering what actions to take.
The welfare needs of residents must be balanced with the rights of staff not to be subject to violence.
Where there has been no significant harm and there is no immediate continuing threat of violence, it is in the best interests of the child / young person for the staff member to take time to discuss and consider possible options with other staff on duty and with a manager.
The use of informal education, permitted sanctions and a restorative justice approach may be appropriate actions in most cases.
Standard debriefing processes should be used to agree the actions to be taken.
Existing procedures relating to staff Health and Safety, Behaviour Management and incident reporting need to be followed and their effectiveness should be regularly reviewed.
3. Criminal Damage within the Home to Children / Young People, Carers/Staff, or Council Property
Criminal damage includes wilful, and or possibly reckless, damage to property.
Staff will need to consider all the factors relevant at the time when considering what actions to take. The cost of making good any damage will need to be considered as well as the feelings of the victim.
The use of informal education, permitted sanctions and a restorative justice approach may be appropriate actions in most cases.
It is important to question whether police involvement is the most effective/appropriate response.
Staff should discuss with other staff on duty at the time, the team at team meetings or care home manager as appropriate when making decisions about what actions to take.
It might be possible to repair or replace damaged property to the satisfaction of the victim through the use of sanctions to pocket money or other allowances the offending young person might receive, through insurances or the ex-gratia payments scheme.
Consideration will be necessary, where insurance companies insist on a crime number, as to whether pursuing an insurance claim will be the best form of action where another might be used.
4. Theft from the Home of Property Belonging to Young People, Staff/Carers or the Council
Staff will need to consider all the factors relevant at the time when considering what actions to take. The possibility and cost of replacing stolen items will need to be considered as well as the feelings of the victim.
Informal education, use of permitted sanctions and a restorative justice approach may be appropriate actions in most cases.
It is important to question whether police involvement is the most effective/appropriate response.
Staff should discuss with other staff on duty at the time, the team at team meetings or care home manager as appropriate when making decisions about what actions to take. It might be possible to replace stolen property to the satisfaction of the victim through the use of sanctions to pocket money or other allowances the offending young person might receive, through insurances or the ex gratia payments scheme.
Consideration will be necessary, where insurance companies insist on a crime number, as to whether pursuing an insurance claim will be the best form of action where another might be used.
Some consequences will need to be agreed and this should be in conjunction with colleagues, managers, NPT and YOT.
5. Disorder in and Around the Home
This issue tends to be subjective and requires some judgement. Staff should avoid unnecessary police involvement for minor infringements of discipline, and instead attempt to address the issue in conjunction with other staff on duty, the staff team at team meetings, management and the young person's social worker and others.
If immediate police assistance is needed after staff have exhausted all other approaches, staff contacting the police service should ask for "support to prevent a possible breach of the peace or prevent a crime from occurring".
Under these circumstances the police may attend and the situation may begin to settle or they may remove the young person whose behaviour is causing disorder.
6. Possession of Weapons
Weapons should be confiscated whether they are overtly offensive such as knives and guns (including imitation weapons / BB guns) or "everyday objects" that may be used as weapons such as baseball bats, pieces of wood etc. This needs to be recorded in the record of sanctions.
Their possession needs an explanation and the option of a referral to a YOT worker, NPT officer or others for informal education about weapons should be considered.
The registered manager should be advised of the situation and Health and Safety, Behaviour Management policies and reporting procedures followed.
Staff would need to contact the Police to dispose of weapons/ remove weapons from young people - staff should not be handling weapons.
7. Substance Misuse
Substances that can be abused by young people are usually stored safely in line with Health and Safety policy and procedures. However, if young people acquire these they should be confiscated by staff acting as a reasonable parent would.
Alcohol, solvents and other volatile substances should be disposed of by two workers safely in line with Health and Safety guidance, policies and procedures and recorded in the record of sanctions.
Staff must confiscate controlled substances such as prescription or illegal drugs if found and pass these to the Police, and a receipt should be obtained to safeguard staff. This receipt should be attached to the record of sanctions.
Staff should liaise with the child / young person's social worker as to whether to seek support from the Drug and Alcohol Team. Informal education may be the best way to address this issue.
8. Racial /Religious Harassment /Abuse (both Verbal and Physical)
Racially and religiously motivated and aggravated incidents are to be addressed and dealt with in accordance with the council's equality, anti-discriminatory and anti-oppressive procedures and recording systems.
The children and young people involved are to be made aware of the seriousness of such behaviour including the alarm and distress they may have caused.
Staff will devise ways of working with young people who present these behaviours to address their understanding of the effects of these types of behaviour on the victims, to promote awareness, understanding and respect for diverse cultures and communities in conjunction with victims, and other relevant professionals. This may involve informal education or a restorative justice approach.
Residential managers and care management will reinforce the work of staff teams and may write to children and young people warning them of the seriousness of such behaviour and potential consequences.
The victim's right to involve the police is to be respected and supported in serious and recurring incidents.
9. Sexual Harassment
Staff and young people have a right to feel safe from any form of sexualised and / or sexist behaviours, particularly harassment, including verbal sexual abuse, sexual comments and gestures, or unwanted touching that causes alarm or distress. The council's policies and procedures will be followed in such cases.
Staff will make children and young people involved aware of the seriousness of such behaviour including the alarm and distress they may have caused through informal education and discussion.
Staff will devise ways of working with young people who present these behaviours to address their attitudes to, and understanding of the effects of, these types of behaviour on the victims to promote awareness, understanding, and respect for people of different genders and sexual orientation in conjunction with victims, and other relevant professionals. This may involve informal education or a restorative justice approach.
The victim's right to involve the police is to be respected and supported in serious and recurring incidents.
10. Other Offensive/Offending Behaviour not Specifically Listed Above
Staff, managers and other professionals will adopt a similar approach to the above guidance when dealing with other offending or offensive behaviours and apply the statement of principles to such behaviours.
Serious incidents
An incident which requires an emergency (999) response from the Police.
Incidents of violence where young people or staff are at risk of immediate significant physical harm, or where there is a risk of substantial damage to property or risk of significant disorder.
It should be noted that any emergency 999 call to the Police will result in police taking full control of the situation and staff may lose any influence on subsequent decisions or action. Emergency 999 calls should only be made on the decision of the on call manager, with the only exception being where immediate assistance is required.
Non-serious incidents
E.g. where an assault/damage has occurred and there is little risk of recurrence /significant harm to people, or incidents of theft.
This should be dealt with under the procedure outlined above.
Minor incidents
Can be addressed using routine policies and procedures.
Recording incidents
Residential homes procedures, including recording on young persons case notes, records of sanctions and records of notifiable events etc will be adhered to in accordance with the procedures within this manual.
Other than in emergency cases, staff/ carers must take account of the following factors before calling the police:
- Previous incidents, similar in nature by the same child
- The level of distress and alarm caused.
- Impact on child's care plan
- Health and Safety, Child Protection and Behaviour Management policies and procedures
- Availability of alternative action e.g. informal education, sanctions and restorative justice.
- Victims wishes
- Severity of threat or injury and any significant harm suffered
- Probability of repeat incident
- Previous relationship between victim and offender
- Impact of formal police involvement on young person
- Effectiveness of police action/court proceedings
- Best interests of both parties
- Nature and seriousness of disorder/crime/allegation
- Level/cause of damage caused
- Requirements for evidence of formal investigation (insurance and court)
- Impact on and wishes of immediate community
- Risk of threat of violence
- The message sent to other residents
- The skill and expertise of staff /carers in dealing with any given situation
- Probability of situation being resolved through positive input from staff team and others.
Dealing with incidents at the home
When an incident takes place within the unit, that does not require an emergency Police attendance, staff will be asked to deal with this as "corporate parents" and complete an incident reporting form (see Appendix 2 - Incident Report Form). This will be reviewed and discussed by the designated NPT officer during regular visits. This form will also be completed following an emergency call, where the content will be reviewed by the attending officer. The CPS 10 point plan (see Appendix 3 - Social Care Custody Report) will be applied and the outcome agreed with all concerned.
The only time that the Police should be called to attend immediately is in an emergency situation when staff feel that an individual is beyond their control posing a danger to themselves or others within the unit.
This policy is not designed to discourage staff from reporting incidents to the Police. It is designed to ensure that there is a consistent approach to the way incidents are dealt with through designated officers. Where an arrest is necessary all supporting evidence will be gathered from previous incidents giving greater opportunity to secure a charge / conviction following guidance contained in the CPS 10 point plan.
The role of the designated NPT Liaison Officer
The dedicated officer will gain detailed knowledge of all incidents that occur within the home and form a good working relationship with staff and young people.
The officer will have a sound knowledge of the home's policy, sanctions available and the 10 point CPS check list (see Appendix 3 - Social Care Custody Report).
The Officer will visit the home regularly, at least 2 visits in every 10 day period, to review and discuss any incidents within the unit, making arrests if necessary. The Officer will also be the first point of contact for staff at the unit for advice or guidance as and when required.
When reviewing incidents the officer will discuss whether this has been handled by staff acting as "corporate parents", review sanctions available and refer to the CPS 10 point check list.
If it has been agreed that an arrest is not necessary;
- No crime will be recorded
- The incident record will be retained and may be cited as supporting evidence should any further incidents arise
- Appropriate sanctions will be imposed by staff
- The designated officer will speak with the individual advising them of the implications of any further incidents.
Where an arrest is necessary the dedicated officer may be able to build a stronger case as they will have detailed knowledge of the individuals previous behaviour, and be able to present this to the Custody Sergeant / CPS who can make a more informed decision.
If staff do not agree with action taken by the dedicated officer they should bring this to the attention of their manager who in turn will report this to the appropriate NPT Sergeant, or if necessary the NPT Inspector.
PCSO visits to the home
PCSO's will be instructed to visit the home as part of their patrol plan in the area.
The PCSO's will support staff and deal with any emerging issues offering advice to staff and young people, reporting back to the NPT dedicated officer or NPT supervision if necessary.
Note for Police Officers:
The Crown Prosecution Service or Custody Sergeant (where a Reprimand or Final Warning is considered) should be presented with a report signed by the Service Manager (Residential Services) before making their decision regarding any criminal sanctions (see Appendix 3). This report will be completed by social care staff and given to the officer in the case within 7 days from arrest. It will therefore be appropriate to consider bailing the young person, pending this additional information being received. In the case of Final Warnings, the report will be considered by the YOT officers as part of their assessment. If no criminal sanctions are deemed appropriate then the report should be used to determine any local sanctions, which should be discussed with the YOT staff / NPT dedicated officer.
11. Children Missing from Care Homes
Temporary Absence Criteria
Some individuals who go absent are expected to return or be easily found. If the person is not expected to suffer or cause harm whilst absent, it is the responsibility of the parent or carer to locate them.
A person will be considered as temporary absent if all of the following criteria are met:
Either
- the behaviour is NOT out of character; or
- there is a good explanation for the absence on this occasion.
And the person
- is expected to return;
- is likely to be temporarily staying with a relative, friend or associate; or
- is likely to be at one of several known locations.
Example of temporary absence:
Unauthorised Absence
Child in Care of the Local Authority who is temporarily absent:
"It is now 2355 hours. The Residential Carer is reporting a 15 year old boy in care missing. She made contact with him on a friend's mobile three hours ago. She believes he is staying with friends overnight but the address is not known. They have NO concerns about his welfare at this time and expect him to return the following day".
Dealing with unauthorised absence cases
This may seem like a significant change in the way unauthorised absence cases are managed, however, it is simply applying current West Yorkshire Police policy.
Action to be taken by staff at the children's home
If an individual has been risk assessed and deemed suitable to be classed as an unauthorised absence case, and there is nothing unusual or that causes immediate concern for the individual's safety, it is the responsibility of care home staff to try and locate them. The Police do not need to be contacted. You should ensure that checks are made at family, friends and known associates addresses. If, during the course of these enquiries, information comes to light that gives cause for concern about the safety of the individual, the Police should be contacted immediately.
Advice and guidance can be sought from the missing person co-ordinator during the day or the relevant NPT / duty supervisor in an evening.
REMEMBER;
West Yorkshire Police / Missing from Care policy states:
"If the person is NOT expected to suffer or cause harm whilst absent it is the carer's responsibility to locate the person, as the risk level does not justify police intervention at this time"
Staff should record the time, date and circumstances of the individual going missing as well as the time they return and details of where and who they have been if they are willing to disclose this.
Action to be taken by missing persons co-ordinators / NPT dedicated officer:
The missing person's co-ordinator or NPT dedicated officer will speak with staff daily at around lunchtime, as statistics show this is the time when the majority of unauthorised cases return. They will discuss those who have absented themselves in the last 24 hours identifying anything that may change their current risk assessment, taking action if appropriate. If individuals have still not returned they will consider whether it is now necessary to formally record them as unauthorised absence on Police systems, or whether, based on previous knowledge of the individual, they are expected to return later in the day, in which case a further review time will be set and responsibility will remain with the NPT officer and supervision to monitor.
Action to be taken when a new resident arrives at the home:
Social care staff
When a new resident arrives at the home staff will make immediate contact with the divisional missing person's co-ordinator and provide the name and date of birth enabling a risk assessment to be conducted. If problems are anticipated then the dedicated NPT officer and Youth Offending Team contact should also be notified.
Missing persons co-ordinator
The officer will research police systems and in consultation with staff from the home and the individual, will conduct a full risk assessment which will indicate whether they are suitable to be classed as "unauthorised absence" should they deliberately absent themselves from the home, or whether they need to be recorded as a missing person due to vulnerability or risk from exploitation, sexual or otherwise.
A marker will be placed on PNC (Police National Computer) for ALL residents (same content as the persistent missing person marker) to say that contact should be made with staff at the children's home if stopped after 9pm as they may be absent without authority. This will act as a safeguard should the individual be stopped by Police as the majority of unauthorised absence cases will be managed by the home who will, in line with West Yorkshire Police force policy, conduct their own enquiries to try and locate them.
It is the responsibility of the missing person's co-ordinator to ensure that when the individual leaves the care of the home that the marker is removed from PNC.
Dealing with missing persons
There will be no change in the way those who need to be reported as missing are dealt with. The individuals will have been risk assessed by the missing persons co-ordinator and should be reported immediately to the Police should they absent themselves.
Appendix 1 - Neighbourhood Policing Team Contact Details
Full list of contact details is to follow.
Please do not hesitate to contact us at any time for help or advice. If you don't get an answer in the office and it is a non urgent enquiry please leave a message or e mail us at the above address.
Your local Neighbourhood Policing Team can be contacted during the following hours;
| Day | Times |
| Monday - Wednesday | 08.00 - 23.00 hours |
| Thursday | 08.00 - 02.00 hours |
| Friday and Saturday | 08.00 - 03.00 hours |
| Sunday | 08.00 - 00.00 hours |
Appendix 2 - Incident Report Form
Click here to view Incident report form
Appendix 3 - Social Care Custody Report
Click here to view Social Care Custody report form
Appendix 4 - Children's Home Contact Details
| Edgefield |
Allerton Lane RSM: Ann Midgley T:01274 884603 (12 - 16, Mixed, Emergency - 8)Airedale and North Bradford - NPT 6 |
| Rowan House |
James Street RSM: Ann Midgley T: 01274 835352 (13 - 18, Mixed, Long Term - 8)Airedale and North Bradford - NPT 6 |
| 1 First Avenue |
Bradford Moor RSM: Ann Midgley T: 01274 664459 (14 - 18 Mixed, Long Term - 8)Bradford South - NPT 2 |
| The Holllies |
Netherlands Square RSM: Ann Midgley T: 01274 675280 (8 - 14 Mixed, Medium Term - 8)Bradford South - NPT 3 |
| Meadow Lea |
45 Hawksworth Drive RSM: Angela Walker Tel No: 01943 873050 (5 - 10, Mixed, Short Term - 12)Airedale and North Bradford - NPT 1 |
| Owlthorpe House |
23 Owlet Road RSM: Angela Walker T: 01274 531483 (12 - 16, Mixed, Short Term - 8)Airedale and North Bradford - NPT 4 |
| Newholme |
Cavendish Road RSM: Angela Walker T: 01274 613398 (11 - 18, Male - 7)Airedale and North Bradford - NPT 5 |
| Sky View House |
East Morton RSM: Angela Walker T: 01274 565897 (14 - 18 Mixed, Long Term - 8)Airedale and North Bradford - NPT 2 |
Appendix 5 - Bradford District Neighbourhood Policing Teams (NPT)
Click here to view NPT details
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