3.10.1 Joint Liaison Protocol Between Blackpool Children and Young People's Department and Lancashire County Police Service

The joint protocol acknowledges the good practice and professionalism of Children and Young Peoples Department and Police staff working with Blackpool's Children's Homes. The protocol has been designed to reinforce and extend such practices and to contribute to the culture of 'continuous improvement' advocated by both agencies.

It is anticipated that the standardised approaches and guidance contained within the protocol will act as a framework for ensuring best practice in Blackpool's Children's Homes.

The misuse of controlled drugs within a Community Home is a serious issue and it is essential that the response is prompt and effective.  In responding to incidents, residential staff will be guided by the Government's Tackling Drugs Together strategy which proposes collaborative action to:

1. Reduce the acceptability and availability of alcohol and other drugs to young people.
2. Minimise the health risks and other damage associated with substance use by the young people.
3. Increase the safety of communities from drug-related crime.

Residential staff will need to balance theses principles with their duty of care for the young people in the Home, and their role in managing young people's behaviour as part of their care responsibilities, as well as their responsibilities to the wider community.

In practice residential staff should inform the Police immediately if it is established that a young person is using illegal substances or illegal substances are found on the premises.

It is important that all action taken is recorded.

All materials should be removed from the young person. Drugs and drug-related material should be stored securely before handing to the Police. These should not be disposed of by staff but can be handed over for disposal to the local Beat Officer. This action allows greater discretion in the decision making regarding any possible action against the young person possessing the substances and allows for no further Police action to be taken if this is appropriate. The signature of the Police Officer removing the materials should be obtained.

A record of the removal should be kept by staff, which includes:

• A name of the person removing the material
• A description of the material
• The circumstances of the removal
• The time and date of the removal.
• The time and date that the material is placed in secure storage
• The signature of the person putting the article in to storage countersigned by a second member of staff
• The time and date of notification to the Police, and the message number provided by the Police control room
• The time and date the material was removed by the Police
• The name and signature of the Police Officer removing the material

In the event of the local Beat Officer not being available and to ensure that controlled substances are not being stored in a Children's Home any longer than necessary it is important that every effort is made to ensure the Police attend at the earliest convenient time.

In these circumstances staff should contact the local Police control room and "state that a substance they think to be illegal has been found at the premises and that they need a local CBM to attend the home to take the appropriate action". It is important that this form of words is used and that staff do not  identify the substance other than they believe it to be illegal.

This route allows for the recording of the request on the Command and Control system, generating a message number for the benefit of the residential staff in that it protects them against any potential allegation of possession.

The officer attending is then responsible for recovering the suspected controlled substance in to Police possessions and if appropriate, conducting any subsequent investigation in line with existing Police policy. A record must be made of the Police recovery of the substance.

Staff can dispose of alcohol and canisters but it is important that the disposal is witnessed and a record kept, which includes:

• A name of the person removing the material
• A description of the material
• The circumstances of the removal
• The time and date of the removal
• The time and date of disposal

'Serious' Incidents

Incidents of violence requiring an immediate Police response where children/young people or staff are at risk of immediate serious physical harm. Where there is a risk of substantial damage to property or risk of significant disorder within the Home. In such situations the senior member of staff on duty/shift leader should contact the Police either via the main force switchboard or the 999 system.

'Not serious' Incidents

Incidents where no immediate Police response is required, for example where assaults or damage has occurred and there is no risk of reoccurrence/significant harm to people, or incidents of theft. The incident should be reported to the Unit Manager who then has the responsibility of identifying the appropriate course of action. In addition staff within the home should inform the child/young persons social worker at the first opportunity.

It is important to avoid any unnecessary reporting of incidents to the Police should the Unit Manager decide (and/or the victim wishes) that formal Police involvement is necessary, where possible this should be through the local Beat Officer and where possible at a liaison meeting held every two to four weeks.

When a situation involving a child or young person is to be discussed at the liaison meeting, the child's social worker (case manager should be informed, they may wish to join in the discussion).

If the discussion needs to be held sooner, the Unit Manager should arrange for the Beat Officer to visit the Home as soon as possible. If this officer is unavailable, the Unit Manager should contact the local Police control room to request a delayed or scheduled response visit by another Beat Officer or section Constable.

In certain circumstance, preservation of evidence may be an issue and Social Service staff will need to ensure that reasonable steps are taken to retain articles that may be relevant to possible criminal allegations or Police investigations, until such time as liaison with the local beat officer determines any further action. For example this may relate to articles such as car keys or other items of some value where the provenance of the article is not known or cannot be verified.

Liaison

The primary Police involvement in children's Homes should be through the local Beat Officer, meeting unit staff on a regular basis. Whilst some officers already perform this duty it must be emphasised that a good working relationship is the most effective way to respond to young people with difficulties.

A regular liaison meeting, ideally on a two to four weekly basis, between the Beat officer and Unit Manager would provide for discussion of 'not serious' incidents within the Home to identify the appropriate method of resolution including:

• Internal action by unit staff with no Police involvement.
• Formal Police investigation. Primarily by the Beat officer and any resulting action.
• This discussion should take place at the unit and a record made of the  discussion held at the unit.

The liaison meeting will also provide an opportunity to share more general views and information and to develop a better understanding of each agencies responsibilities and practices.

It is not the intention of this protocol to restrict the options available to Unit Staff and Beat Officer, but to emphasise the importance of flexibility in determining the most suitable option for dealing with children and young people.

'Internal' incidents

It is anticipated that relatively minor incidents will be addressed using Children's Services polices and procedures.

Recording of incidents by Social Service staff

It is necessary for incidents within Children's Homes to be accurately recorded so as to provide informed histories on the children and young persons looked after, assisting with assessments and liaison meetings.

All incidents must be recorded in the personal file for each relevant young person, and cross referenced in the unit log book. This provision also applies to incidents discussed at the regular liaison meeting with the Beat Officer.

The Home Office Counting Rules for Recorded Crime states the following:

'Whether to record

Except for offences dealt with by other agencies, any notifiable offence, which comes to the attention of the Police, should be recorded.

And

Offences dealt with by agencies other than the Police should not be recorded unless there has been a major contribution to the investigation by the Police, other than the provision of custody facilities or by the provision of antecedents or previous convictions for court purposes.'

'When to record

A crime should be recorded as soon as the decision to record has been made (or as soon as possible afterwards)'

To ensure compliance with the Counting Rules, offences, which come to the notice of the Police through involvement in Children's Homes must be recorded unless the matter has been dealt with by the other agency without a major contribution by the Police.

It is important to remember that each Children's Home has the responsibility of care towards the resident young persons, with their welfare interests being paramount. Therefore the requirement to record offences should be considered in conjunction with the desire to avoid unnecessary criminalisation of the residents in care.

Recording of 'serious' incidents by the Police.

Given the immediate response aspect of this category, offences which come to the notice of the attending officers would be of such a nature as to require recording, unless there were exceptional extenuating circumstances.

Recording of 'not serious' incidents by the Police.

'Not serious' incidents reported to the Unit Manager which are considered serious enough to warrant Police investigation prior to the scheduled liaison meeting may be recorded as crimes, provided they meet the Home Office recording criteria.

Incidents, which are discussed by the Beat Officer and Unit Manager at the scheduled liaison meeting, need not be recorded as a crime related incident if the matter is being dealt with by the Unit Manager or other agency.

Following the liaison meeting, incidents that are considered suitable for internal resolution by Social Services staff or other agency, shall not be recorded as crimes by the Police. However, the Unit Manager should record full details and decisions as a record on the child's file, cross referenced, to the unit log book.