5.2.1 Interagency Joint Working Protocol

Introduction
Appropriate Adult
Reprimands and Final Warnings
Youth Court Duty and Officer Attendance
Remands to Local Authority Accommodation (R.L.A.A.)
Court Ordered Secure Remands
Children and Young People Appearing in Adult Courts
Young People subject to Community Penalties
Pre-Sentence Reports
Parental Bind Overs and Parenting Orders
Custody
Accommodation
Problem Solving

1. Introduction

The Crime and Disorder Act 1998 established that the principal aim of the Youth Justice system is to prevent offending by children and young people. In accordance with National Standards for Youth Justice, issued jointly by Youth Justice Board, Lord Chancellors Dept., Home Office, Dept of Health and other government departments, all agencies and people working in the Youth Justice system are required to promote this aim.

The Staff of all the above agencies are committed to ensuring that every child, young person or adult associated with its activities will be treated with dignity and respect. Access will be facilitated to opportunity and support in a manner that demonstrates a commitment to the valuing of difference and diversity. The Staff of all the above agencies are committed to ensuring that no person will be treated less favourably than another because of their race, colour, nationality or ethnic origin, gender, age, sexuality, health condition, physical disability, marital status, or political, spiritual and religious beliefs.

Tackling and changing young people's offending behaviour successfully may require intervention in several aspects of their lives. It may require the involvement of a range of local agencies, including Children and Families, Education, the Probation Service, the Police and Health Authorities. The Act placed a duty on local authorities, in partnership with the other relevant agencies, to establish multi-agency Youth Offending Teams (YOTs) to deliver a full range of youth justice services in their area.

Blackpool YOT comprises Staff and resources from these five agencies and includes Social Workers, a probation officer, a consultant psychiatrist, an educational psychologist, a teacher, a housing officer, a careers advisor, a clinical nurse, a youth worker, a victim worker and a police inspector, together with supporting Staff. It also includes workers from the voluntary sector, viz. Rainer and the Crime Reduction Initiative (CRI). It is essential that the needs of children and young people in conflict with the law are viewed in a holistic way and that all agencies respond in meeting these needs positively and co-operatively.

The purpose of this protocol is to ensure that there is effective communication, clarity of roles and consistent cross-service expectations between the YOT, Blackpool Youth Court and the following Children & Families Teams: the Duty & Assessment Team, the Leaving Care Team and the Fostering and Adoption Team (referred to as Children & Families in the protocol).

2. Appropriate Adult

See Appropriate Adults Procedure.

2.1	Where a child or young person (under 17) is detained by the Police, it is a requirement of PACE that an Appropriate Adult (AA) is present when the young person is interviewed at the Police Custody Suite. In the first instance, the Police will make every effort to contact the Parent or guardian or Carer to attend as the Appropriate Adult.
2.2	Where a child or person is "Looked After" the responsibility falls to the Local Authority, in practice the Duty and Assessment Team or Locality Office or Emergency Duty Team, to fulfil the function of the Appropriate Adult
2.3	Whilst all reasonable attempts will be made by the responsible team to provide the AA there may be occasions when no-one is available and in such cases a YOT trained AA volunteer, if available, will be provided by the YOT
2.4	Where a child or young person is not "Looked After" and the Parent or guardian or Carer cannot attend, a YOT trained Appropriate Adult volunteer will be provided by the Y.O.T. The Appropriate Adult Service is available between the hours of 06.00 - 24.00. Looked After Children coming to notice "out of hours" (i.e. after 17.00 hours and before 24.00 hours) may also be referred to this scheme.

3. Reprimands and Final Warnings

See the following Chapters:

Bails and Remands Procedure - to follow
Reprimands and Final Warnings Procedure

3.1	The Reprimand and Final Warning Scheme replaced police cautions for children and young people. They are supported by community based interventions aimed at diverting young people from crime before they reach Court
3.2	A Reprimand is given by the Police for a first offence unless the offence is of sufficient seriousness to be prosecuted. Where a child or young person receives a Reprimand a record of this will be forwarded to the YOT (in practice to the YOT Police Inspector). This information will be checked against the Children & Families Client Information System (Carefirst). If the case is shown to be 'open', the relevant office will be informed
3.3	A Final Warning is given by the Police for a second offence unless the offence is of sufficient seriousness to be prosecuted. A record of this must be forwarded to the YOT within 24 hours. This information will be checked against Carefirst. If the case is shown to be 'open' the relevant office will be informed.
3.4	In all Final Warning cases, the YOT undertake a Final Warning ASSET: this is a structured needs assessment, to identify risk and need factors associated with the young person's offending behaviour. A voluntary programme of short-term intervention is agreed with the young person and Parent/Carer based on the ASSET
3.5	Where the ASSET is undertaken on cases "Open" to Children & Families, the YOT will liaise with the care Manager/foster Carer/duty worker etc.
3.6	If, as a result of the ASSET, it is felt that a further assessment of need is required, a referral, in writing, will be made to the DAT, to be dealt with in accordance with departmental eligibility criteria.
3.7	The Children & Services client information system (Carefirst) will be updated through service codes to identify YOT involvement on open cases.

4. Youth Court Duty and Officer Attendance

4.1	At the beginning of every morning (at 8.00 am and 9.00 am) the Bail/Duty worker will contact the Police Custody Suite and the Court cells to check whether there are any children or young people due to appear in Court from custody. The Court should notify the YOT of any child or young person who might be appearing from custody later in the day and who may have missed the initial early morning check.
4.2	The Duty worker will attend Court for all young people in order to carry out a Bail Assessment for Court.
4.3	All young people aged 16 or under, attending Court should do so with a Responsible Adult, preferably, but not necessarily, a Parent or adult with Parental responsibility. The YOT does not provide a Responsible Adult.
4.4	In the event of a young person appearing in Court without a Responsible Adult, it is the responsibility of the Court to take steps to ensure that a Responsible Adult attends Court on behalf of the young person, even if that means issuing a summons requiring a Parent to attend.
4.5	The YOT will, when possible, notify the relevant Children & Families team, in advance, that a young person, known to them, is due to appear in Court.
4.6	Where a child or young person is "Looked After" by the local authority it is the responsibility of the Children & Families case worker to be present or make arrangements for a Responsible Adult to be in attendance with that young person. To facilitate this process every effort will be made by the YOT to provide Children & Families teams with the Court dates
4.7	In exceptional circumstances, where, e.g. the Social Worker is unavailable, the YOT will act as the Council representative for that young person but only if there are Staff available. The YOT will have to be fully briefed as to the circumstances of the young person's involvement and of the current plan.
4.8	The YOT will notify the Children & Families team of Court results on open cases. Particular mention will be made of Schedule One Offenders.
4.9	Children and young people who are "Looked After" are the care management responsibility of the relevant Children and Families team.

5. Remands to Local Authority Accommodation (R.L.A.A.)

See Bails and Remands Procedures - to follow

5.1	The YOT Bail and Remand Service's role is to provide bail advice to the Courts to reduce the use of secure remands for the 10 -17 year olds in Blackpool. The Remand & Intensive Lodgings Scheme (RAILS) also works within this criteria - they are an alternative to custody not merely a R.L.A.A. bed.
5.2	The Bail/Duty worker will attend Court (see 3.1 above) and if the young person is at risk of being R.L.A.A. the worker will search for a suitable placement with the help of the Fostering and Adoption Team
5.3	The assessment by the Bail/Duty worker may enable them to put together a Bail Support Programme, which might prevent an episode of care;
5.4	When a young person is remanded to Local Authority Accommodation, the YOT is the responsible body and s/he is treated as a Looked After Child. The YOT has responsibility for the finance, initial LAC paperwork, meetings etc.

6. Court Ordered Secure Remands

6.1	The same procedures as above apply
6.2	The Remand/Duty worker will contact the Y.J.B. regarding a placement, but will attend Court to try to offer an alternative community programme

7. Children and Young People Appearing in Adult Courts

7.1	Legal Advisors in the Adult Courts will arrange to contact the YOT as soon as they are aware of a child or youth appearing in their Court to arrange the assessment for bail support/remand management package if appropriate.
7.2	As much available information as possible will be required from the Legal Adviser to make the appropriate referrals/assessment
7.3	The Court will be given clear information on the time needed to make the appropriate enquiries.

8. Young People subject to Community Penalties

8.1	Referral Orders were introduced in April 2001. Other community penalties created by earlier legislation may be imposed if further offences are committed. They are case managed by the YOT They include: Action Plan Orders, Reparation Orders, Supervision Orders, Curfew Orders (with or without tagging), Attendance Centre Orders and, for young people over 16, Community Rehabilitation Orders, Community Punishment Orders, Community Rehabilitation and Punishment Orders. Fines can be imposed and compensation ordered
8.2	If a child or person is "Open" to a Children & Families team, it will not be closed should the YOT become involved. Before closure, it would have to be demonstrated that the needs of that young person had been met and Children & Families intervention was no longer appropriate.
8.3	For those cases which are not 'open' to Children and Families, but there are clear social need issues, such as Homelessness (see Accommodation below), then it will be the responsibility of the relevant Children & Families team to take responsibility for that case.
8.4	The YOT and the Children & Families teams will work closely together to meet the needs of young people and their families. To this end all relevant information on cases will be shared and both parties will notify each other and involve each other in planning and review meetings on shared cases. If information is not shared it will be necessary to demonstrate that this is in the child's best interest.
8.5	For all LAC cases, the YOT worker will be invited to Initial Case Conferences and Reviews and will a member of the Core Group.

9. Pre-Sentence Reports

See Pre-Sentence Reports Procedures - to follow.

9.1	Where the Court has asked the YOT to prepare a Pre-Sentence Report prior to sentencing, this will be informed by an ASSET and will indicate that there has been appropriate liaison and co-operation with the other agencies involved with the young person. (see above).
9.2	Where a custodial sentence is likely or indicated, in accordance with the criteria for custody, and in appropriate cases, the Court will request that an Intensive Supervision and Surveillance Programme (ISSP) assessment is undertaken prior to sentence.

10. Parental Bind Overs and Parenting Orders

10.1

The Courts are able to impose Parental Bind Overs and/or Parenting Orders. This is to help the Parents of children who have committed offences (or who are at risk of doing so) and to keep them away from crime by reinforcing Parental responsibility. The YOT provides individual and group work for such Parents, via the Parenting Co-Ordinator and the Educational Psychologist. Many Parents attend voluntarily. YOT Staff will liaise with Children & Families teams where there are Looked After Children, or "open" cases.

11. Custody

11.1	The Crime and Disorder Act 1998 harmonised all custodial sentences for children and young people aged over 12 years into the Detention and Training Order (D.T.O.)
11.2	Young people who are Looked After by the Local Authority and become the subject of custodial remand or sentence will remain open cases. It must be demonstrated that the needs of that young person have been met before a case is closed. Consultation with the YOT is essential.
11.3	Case planning, sentence planning and post custody licence supervision of D.T.O cases are the responsibility of the YOT. The involvement of Children & Families teams will be an essential ingredient to successful rehabilitation.

12. Accommodation

12.1	The YOT is not responsible for housing young people, unless they are remanded into Local Authority Accommodation. Young people under 16 years old are the responsibility of Children & Families. Homeless young people aged 16/17 years will, depending upon their previous care status, be assessed by either the Leaving Care Service, or the Housing Department Homelessness Section
12.2	The YOT will continue to offer advice on suitable housing to young people where possible and appropriate
12.3	In the event of YOT Staff becoming aware of high-risk offenders, notably sex offenders, being placed in local accommodation they will inform the DAT immediately.

13. Problem Solving

13.1	Effective work with children and young people to prevent offending is a statutory requirement placed on all agencies involved in the Criminal Justice System, under the Crime and Disorder Act 1998.
13.2	Differences between YOT Staff and Children & Families teams will be initially dealt with via YOT and Children & Families Practice Managers. In the event of further difficulties or unresolved issues the YOT Operations Manager will liaise with the Children & Families Service Managers.
13.3	If difficulties remain the Head of Youth Offending Services will liaise with the respective Heads of the Children & Families team. Unresolved issues will be referred to the Assistant Director of Children's Social Care.
13.4	Any problems which arise in the Court setting will be dealt with via the Blackpool Youth Court Users Group. Problems which require more immediate attention will be raised with the Deputy Director of Legal Services.

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