A Pre Sentence Report is a detailed analysis of the offence and

Intensive Supervision and Surveillance Programmes (ISSP) Partnership Agreement between Norfolk Local Education Authority and Norfolk Youth Offending Team June 2003 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 1 Contents 1.0 2.0 3.0 4.0 5.0 Introduction Information Exchange Guidance on the Curriculum National Evaluation The Process 5.1 Assessment 5.2 Educational Provision 5.3 Working Principles 5.4 The Process: Assessment, Implementation, Planning, Review 5.5 Attendance Monitoring 5.6 Process where a young person is excluded from school after the start of the ISSP 5.7 Risk Assessment 5.8 Behaviour Management 5.9 Reviewing Educational Provision 5.10 PLUS Connexions Service Working with Parents Reviewing this Agreement Appendices 1. 2. 3. 4. 5. 6. ISSP Eligibility Criteria Youth Offending Team Information Sharing Protocol PSR Sample report Contact details for LEA and YOT staff Glossary of Provision: Education to complete Youth Offending Team’s Risk Assessment and Risk Management Policy 7. Education Assessment Proforma Report 8. Code of Conduct 6.0 7.0 8.0 9.0 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 2 1.0 Introduction This Partnership Agreement outlines the roles and responsibilities for delivery of ISSP in Norfolk. The Objective of this document is:    To agree the delivery of education services to young people subject to court ordered ISSP programmes To clarify the commitment of the LEA and the YOT to prioritise education delivery for young offenders To detail the processes necessary for both agencies. 1.1 Background Information: What is ISSP? ISSPs aim to:    reduce the frequency and seriousness of offending in the target group. tackle the underlying needs of offenders which give rise to offending, with a particular emphasis on education and training. provide reassurance to communities through close surveillance backed up by rigorous enforcement. ISSP is the most rigorous, non-custodial intervention available for young offenders. It combines unprecedented levels of community-based surveillance with a comprehensive and sustained focus on tackling the factors that contribute to the young person’s offending behaviour. Most young people will spend six months on ISSP. The most intensive supervision (25 hours per week) lasts for the first three months of the programme. Following this, the supervision continues at a reduced intensity (a minimum of five hours per week, and weekend support) for a further three months. On completion of ISSP the young person will continue to be supervised for the remaining period of their order. 1.2 Community surveillance A key element of the programme is community surveillance, which ensures that the offenders themselves are aware their behaviour is being closely monitored, and brings some structure to their lifestyles. ISSP schemes will tailor individual packages of surveillance to the risks posed by each offender. We will use a mix of the following types of surveillance:  Tracking  Tagging  Voice verification  Intelligence-led policing The minimum requirement is for two surveillance checks per day, but this can be increased to 24 hour monitoring. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 3 1.3 Supervision The supervision element of the programme has the following features:    rigorous assessment of the offender’s background, behaviour and needs. a minimum of 25 hours carefully programmed contact time each week, for three months, with some support during evenings and weekend. core elements covering: - education and training (especially basic literacy and numeracy) - interventions to tackle offending behaviour - reparation to victims and/or the community - assistance in developing interpersonal skills - family support plus the flexibility to access support for individual problems, for example homelessness, drug misuse or mental health problems.  1.4 Eligibility Criteria There are three routes onto ISSP:  As a condition of Bail Support and Supervision (this route may involve an intensive period exceeding 12 weeks subject to court hearings)  As part of a community penalty  As a condition of Community Supervision in the second half of a Detention and Training Order. See Appendix 1 for eligibility criteria The Education Authority will have a crucial role in achieving the aims of ISSP by working in partnership with the YOT, sharing information and participating in the following ways:     By the provision and maintenance of full time school education for young people subject to ISSP who are attending mainstream school By the provision and maintenance of education packages (a minimum of 15 hours per week) for young people who are not able to sustain full time mainstream education By the provision and maintenance of education packages (15 hours per week) for young people who are subject to long fixed term1 or permanent exclusion from mainstream education By monitoring attendance of young people at their educational placement and by alerting the YOT ISSP Case Managers regarding any non-attendance. 1 The term ‘Long fixed term exclusion’ relates to exclusions that range between 16 and 45 days. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 4 2.0 Information Exchange This document aims to provide a framework which outlines the roles and responsibilities of each agency involved. Under Section 40 of the Crime and Disorder Act information can be exchanged between agencies with regard to the prevention of offending. Please see Norfolk County Council YOT Information Sharing Protocol for detail. This document is attached as Appendix 2. 3.0 Guidance on the Curriculum The following table outlines the principle focus for the National Curriculum. LEAs are not obliged to provide the full National Curriculum to excluded pupils but must make arrangements to provide a broad and balanced curriculum. According to point 5 of Circular 11/99 the curriculum should include: Age Group All ages  for Mandatory curriculum those whose behaviour problems stem from a lack of basic skills, extra time improving literacy and numeracy; and mathematics; creative activity such as art, drama and design and technology which can often help motivate disaffected pupils; form of physical education;  English  some  some Key Stage 3 (11-14) Key Stage 4 (15-16)  science;  sex a education. carefully planned and regularly monitored work placement, including study for a vocational qualification; education and careers service courses to develop workrelated skills; provided by the Youth Service or local voluntary organisations;  careers  activities  the opportunity to sit any external examinations they would have taken had they remained in school. Individual and home tuition Individual tuition at home is not usually appropriate for permanently excluded pupils, although it may sometimes be the only short-term option. In Norfolk the LEA meets these obligations by delivering education to excluded pupils through the Pupil Referral Unit (PRU) for young people at Key Stage 1-3 The PRU aims to reintegrate pupils back into mainstream full time education. Excluded students at Key Stage 4 are educated through the Links 4 programme which focuses on preparation for further education and/or employment. See Annexe XX for contact details. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 5 4.0 National Evaluation Nationally the Youth Justice Board have commissioned Oxford University to evaluate ISSPs established in the first two phases. They have identified some criteria which will be useful in helping us establish a service which is appropriate for the young offenders we will be working with.        the average reading age for young people starting ISSP is 10.6 (compared to a chronological age of 15.6); 46% of those who are school aged have special needs; Of the 67% of ISSP cases who are of school age, 24% are in mainstream education (with a further 28% in PRUs and 19% in special schools) a further 28% had no provision prior to the ISSP; even where this group have access to mainstream schemes they have difficulty keeping the young people in school, with as many as 66% of those attending school truanting regularly 66% of young people no longer of school age said that they were unemployed. 84% of young people had been excluded from school at some time 45% of young people who are excluded from school have no alternative source of education. 5.0 The Process Prior to sentencing when a young person appears at court and fits the eligibility criteria for ISSP the Magistrates/Judge will adjourn for a Pre Sentence Report (PSR). If a young person is a Persistent Young Offender2 this report is to be presented to the bench within 10 working days. In all other cases the Youth Offending Team will have 15 working days to produce and present the PSR. Once the court has adjourned for a PSR the YOT will begin the process of assessing the young person. A sample PSR is attached to the back of this document as Appendix 3. The PSR will outline the proposed sentence to the court. Where a young person is eligible for an ISSP the YOT will need to explain whether this is the recommended sentence. This recommendation will be based on:  the assessed likelihood of the young person to comply with the ISSP  the risk the young person poses to society  practical implications  previous compliance with community orders  the likely impact of an ISSP on the young person’s offending behaviour  the risk of re-offending 2 A Persistent Young Offender is defined as a young person aged 10-17 who has been sentenced by a criminal court in the United Kingdom on three or more occasions for one or more recordable offences, and, within three years of the last sentencing, is subsequently arrested or has information against him for a further recordable offence. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 6 5.1 Assessment At the PSR stage when an ISSP is being considered by the YOT the LEA will undertake a joint educational assessment to identify the educational timetable outlining:  individual needs of the young person  educational background  programme content  venue  activities for both the 3-month intensive period and the 3-month lower intensity period. The educational component of the ISSP for young people below school leaving age will be a minimum of 15 hours per week for the first three months of the programme. The educational assessment will be the responsibility of the local Area Head teacher (Key Stages 1 - 3/VTS Coordinator (Key Stage 4). See Appendix 4 for a list of contacts. The YOT will contact the named Area Head teacher/ VTS Coordinator within 24 hours of the PSR being requested by the court. Where the assessment is to be delegated to a key worker the Area Head teacher/ VTS Coordinator will advise the ISSP Case manager of all contact details. The Educational Assessment will take place within 5 working days of the Area Head teacher/ VTS Coordinator being informed. The young people will fall mainly into the following four categories: 1. young people of school age in full time, mainstream education 2. young people of school age who are not able to sustain full time mainstream education 3. young people of school age who are subject to fixed term or permanent exclusion from mainstream education 4. young people post compulsory school age (see para 5.4.4) 5.2 Educational Provision Where possible a young person should be educated in mainstream school. Every effort will be made by the LEA and the YOT to help a young person either stay in or reintegrate into mainstream education. Other forms of provision to be used are: Pupil Referral Unit Visiting Teacher’s Service INCLUDE Links 4 PLUS For a full glossary of the above provision please see Appendix 5. Where there appears to be no available provision for a young person of school age in any of the above provision the responsibility for identifying an appropriate placement remains with the LEA. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 7 In all cases provision will need to be based on: Task Educational Assessment including basic skills assessment Individual Education Plan Agreed Behavioural Contract Induction to education element of programme Implementation On-going review Assessment and evaluation Exit Strategy Responsibility of: LEA School / LEA YOT (Appendix 5) LEA LEA LEA/YOT LEA/YOT LEA/YOT 5.3 Working Principles The Principles underpinning the education component of the ISSP programme are to:  Improve numeracy and literacy  Raise educational aspiration, participation and achievement of young people  To raise skills  Improve behaviour  Meet individual need  Increase the inclusion of young people in mainstream education training and employment A fundamental principle underpinning the partnership agreement is work together to meet need and to ensure that an appropriate and realistic programme is drawn up within the timescale demanded by the court. 5.4 The Process: Assessment, Implementation, Planning, Review ISSP delivery will need to start within 24 hours from the point of sentence. The education component should start within three working days. The following paragraphs outline the AIPR process for the implementation of the educational component of ISSP. 5.4.1. Young people of school age in full time, mainstream education For those young people on school roll and attending mainstream school who are being assessed for ISSP the LEA named Area Head Teacher/VTS Coordinator will assess the young person and agree education provision with both the young person, his/her parents/carers, and the school. The Assessment will address:  An initial analysis of the young person’s educational needs and abilities  feasibility of continued attendance at mainstream school  weekly programme  venue and staffing  proposed variations to weekly timetable (work experience, study leave) during the period of ISSP  exit strategy  proposed additional support for the school and young person D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 8  any particular factors which need to be addressed following the outcome of the risk assessment A proforma report is available at Appendix 7 of this document, this proforma relates to 5.4.2 and 5.4.3 below The YOT will be informed of the proposed education provision in writing within 5 working days of the request for an assessment. The YOT ISSP Case Manager will meet with the school/educational establishment to agree surveillance/tracking procedures. The Yot ISSP Case manager will liase with the surveillance company to agree surveillance/monitoring arrangements. Should the young person become subject to an ISSP the YOT will inform the school’s Head Teacher within 24 hours of the commencement of the Order, ensuring that details of the ISSP weekly programme and the form of monitoring is confirmed with the school. The young person will be supported in their school placement by the LEA Support Assistant in partnership with the YOT ISSP Case Manager. 5.4.2. Young people of school age who are not able to sustain full time mainstream education For those young people on school roll, but not attending full time mainstream education, being assessed for ISSP it will be the responsibility of the VTS Coordinator to assess the young person and agree education provision with both the young person, his/her parents/carers, and the educational establishment. Those not attending full time education are the responsibility of he VTS regardless of their key stage. This assessment will address:  the young person’s educational needs and abilities  feasibility of attendance at mainstream school  content of alternative curriculum  weekly programme  venue and staffing  possible variations to weekly timetable (work experience, study leave) during the period of ISSP  anticipated written plan for reintegration into fulltime mainstream education  exit strategy  proposed additional support for the school and young person The YOT will be informed of the proposed education provision in writing within 5 working days of the request for an assessment. The YOT ISSP Case Manager will meet with the school/educational establishment to agree surveillance/tracking procedures. The Yot ISSP Case manager will liase with the surveillance company to agree surveillance/monitoring arrangements. Should the young person become subject to an ISSP the YOT will inform the Area Head Teacher within 24 hours of the commencement of the Order. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 9 The young person will be supported in their placement by the LEA Support Assistant in partnership with the YOT ISSP Case Manager. 5.4.3. Young people of school age who are subject to long fixed term or permanent exclusion from mainstream education. New legislation as from September 1st 2002 states that a young person temporary or permanently excluded from school for more than 15 days becomes the responsibility of the LEA to provide full time education. For those young people who are subject to a permanent or fixed term exclusion, or who are not on a school roll, who are being assessed for ISSP it will be the responsibility of the LEA named Area Head Teacher/VTS Coordinator to assess the young person. This assessment will address:  the young person’s educational needs and abilities  content of alternative curriculum  weekly programme  venue and staffing  possible variations to weekly timetable (work experience, study leave) during the period of ISSP  anticipated written plan for reintegration into fulltime mainstream education  exit strategy  proposed additional support for the young person The YOT will be informed of the proposed education provision in writing within 5 working days of the request for an assessment. When the LEA have identified the timetable and proposed venues the YOT ISSP Case Manager will meet with the educational establishment (Pupil Referral Unit, Include, etc…) to agree surveillance/tracking procedures. The Yot ISSP Case manager will liase with the surveillance company to agree surveillance/monitoring arrangements. Should the young person become subject to an ISSP the YOT will inform the Area Head Teacher within 24 hours of the commencement of the Order. The young person will be supported in their placement by the LEA Support Assistant in partnership with the YOT ISSP Case Manager. 5.4.4. Young people post compulsory school age Educational provision will be detailed in a separate protocol with Connexions. 5.5 Attendance Monitoring The VTS Coordinator will monitor attendance, behaviour and achievement at the educational provision by contacting the personal tutor weekly. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 10 The personal tutor will inform the YOT ISSP Case Manager within one working day of any failure to attend or any behavioural issues. 5.6 Process where a young person is excluded from school after the start of the ISSP The normal exclusions process will be followed with the Youth Offending Team informed in writing and involved as soon as possible. 5.7 Risk Assessment The YOT will take responsibility for the Risk Assessment of the young person and will identify any areas of concern to the Area Head Teacher/VTS Coordinator. This risk assessment will be carried out in line with the YOT’s Risk Assessment and Risk Management Policy (currently under review), which is attached as Appendix 6 of this document. The ISSP Case manager and the Area Head Teacher/VTS Coordinator will discuss identified areas of risk prior to agreeing the education placement. 5.8 Behaviour Management The ISSP Acceptable Behaviour Contract will be used with all young people on ISSP. The contract outlines what is acceptable behaviour. Each young person will be asked to sign a copy of this agreement and behaviour will be monitored accordingly. The document will be clearly explained to the young person by the YOT ISSP Case Manager. A copy of this contract is attached at Appendix 8. 5.9 Reviewing Educational Provision The ISSP Case manager will meet with the personal tutor monthly to review individual provision. The ISSP programme will be reviewed weekly by the ISSP Case manager. Additionally the Deputy Head of Service will review educational provision for all young people subject to ISSP on a monthly basis, this will inform the monthly returns to NPAS. 5.10 PLUS PLUS is the Youth Justice Board’s strategy to target young people within the youth justice system who have a record of poor achievement in literacy and numeracy skills. PLUS aims to re-engage these young people with education and provide them with the tools they need to break the circle of re-offending and develop the skills they need for the future. The Plus Strategy will be taken into consideration when assessing the education provision for all young people on ISSP programmes. The Plus programme will be utilised where it will add value to the educational programme. [early discussions are being held with Ecotech, Connexions, and the LSC] D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 11 6.0 Connexions Service All young people aged between 13-19 are entitled to impartial advice, guidance and personal support across a range of issues. Each young person on an ISSP programme will have a named Personal Advisor who will be able to fulfil this role. 7.0 Working with Parents The Yot and the LEA aim to work in partnership with parents at all times. Parenting support is offered by the YOT. However, there is an obligation on the parents to ensure their children’s attendance at school. If they fail to do that ‘Parenting Orders’ may be made in court proceedings where a young person is convicted of an offence under Section 443 (failure to comply with a school attendance order) or Sections 444 (failure to secure regular attendance at school or registers pupil) of the Education Act 1996. 8.0 Reviewing this Agreement This Agreement will be reviewed annually by the YOT Deputy Head and Principle Educational Psychologist. Appendices: 1. 2. 3. 4. 5. 6. 7. 8. ISSP Eligibility Criteria Youth Offending Team Information Sharing Protocol PSR Sample report Contact details for LEA and YOT staff Glossary of Provision: Education to complete Youth Offending Team’s Risk Assessment and Risk Management Policy Education Assessment Proforma Report Code of Conduct D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 12 Appendix 1 Eligibility Criteria Is the offender a young person appearing in court either charged with, or convicted of, an offence? Note Counting rules  ISSP is available for offenders aged 10-17 when appearing in court.  Where a young offender turns 18 during the period of a community sentence or DTO, ISSP is still available and should be completed under Yot supervision. YES Does the current charge or sentence relate to an offence which is sufficiently serious that an adult could be sentenced to 14 years or more? Does the young person have a history of offending on bail and are they at risk of a secure remand under section 130 of the Criminal Justice and Police Act? NO NO Has the young person previously been charged, warned or convicted of offences on 4 or more separate dates? YES Within the last 12 months? YES And has the young person previously received at least one community or custodial penalty? Note Note Note Note Counting rules  The current offence must have a penalty of 14 years of more as an adult to be eligibile for this shortcut. For a list of offences covered by this short-cut, see the Appendix attached to this document.  The young person does not need to have previously received a community or custodial penalty. YES Counting rules  This provision is available for Yots covered by the following Police Forces from 22nd April 2002:Avon & Somerset; Greater Manchester; Lancashire; Merseyside; Metropolitan London (including City of London); Nottingham; South Yorkshire; Thames Valley; West Midlands; West Yorkshire. In the remaining areas of England and Wales, the commencement date is 16 September 2002.  This provision only applies to 12-16 year olds. Those over 16 are treated as adults for bail purposes.  Home Office guidance suggests that this will apply to those young people who 'consistently and habitually offend whilst on bail'. However, it will be for the court to interpret whether a young person meets the requirement of S130 for secure remand.  The young person does not need to have previously received a community or custodial penalty. Counting rules  Only offences committed on separate dates may be counted. Multiple or unrelated offences on the same date count as one, irrespective of when the offences were charges or appear in court.  Offences that have not yet come to court should be included. However, if the charge relating to that offence is subsequently dropped, replaced by another charge, or 'laid on file', that offence should be excluded.  Offences for which the young person is found not guilty should be excluded.  Breaches of any kind should be excluded, except for breach of an ASBO.  Summonses can be included (except where these are the result of an offence already counted or breach action).  The young person must be appearing in court for the fifth offence (on separate dates). Counting rules  The previous 12 months is measured backwards from the date of the first court appearance (whether a custodial or community penalty or bail is under consideration).  Any periods in custody are included in the 12 months measured back from the date of the first appearance in court.  When considering attaching ISSP to the community element of a DTO, the 12 month period is still measured backwards from the date of the first court appearance for the charge for which the young person was ultimately sentenced to the DTO i.e. if the young person meets the criteria at point of sentencing, they still meet the criteria at point of release from custody. Counting rules  The community or custodial penalty can have occurred at any point in young offender's past and is not restricted to the last 12 months.  A community penalty is defined as one of the following: action plan order; attendance centre order; community punishment order (previously community service order); community rehabilitation order (previously probation order); community punishment and rehabilitation order (previously combination order); curfew order; drug treatment and testing order; exclusion order; supervision order.  Referral Orders and Reparation Orders are excluded. YES YES ISSP candidate D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc Note 13 Appendix 2 PROTOCOL ON INFORMATION EXCHANGE NORFOLK YOUTH OFFENDING TEAM 1. Parties / Signatories 1.1. These arrangements detail the procedures for the disclosure of information between the following parties:     Norfolk Constabulary Norfolk County Council Norfolk Probation Service Norfolk Health Authority (to be agreed) Norfolk Education Authority (For the purposes of this policy document the above parties will be referred to as Designated Authorities). 1.2 It will be the responsibility of all designated authorities to ensure that:     1.3 Realistic expectations prevail from the outset Ethical standards are maintained A mechanism exists by which the flow of information can be controlled Appropriate training is provided Adequate arrangements exist to test adherence to the protocol. Organisations and groups in the voluntary sector may also become signatories to the protocol where this is necessary or expedient to the successful implementation of Sections 37, 38, 39 and 40 of the Crime and Disorder Act 1998. These groups must identify the relevant authority for which they are acting. Membership rests with the designed authorities that may from time to time invite others to participate. Designated authorities must ensure compliance with this protocol and inform the other signatories of new members. Designated authorities must ensure that requests for the disclosure of information are only made where the data is necessary or expedient for the purposes of any provision of the Crime and Disorder Act 1998 or other relevant legislation. 1.4 1.5 1.6 2. Purpose 2.1 The overall purpose of this protocol is to facilitate the exchange of information in order to comply with the statutory duty placed on Norfolk County Council, Norfolk Constabulary, Norfolk Probation Service, Norfolk Health Authority and Norfolk Education Authority to establish a Youth Offending Team in the county of Norfolk. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 14 2.2 This document provides the protocols on how the exchange of personal and depersonalised information between designated authorities can be used to:  assist strategic planning establish and maintain an effective Youth Offending Team 2.3 The exchange of information, both personal and depersonal, may be necessary for the purposes of:1. 2. submission of reports to the police, Crown Prosecution Service and Courts the post Court report provided for custodial facilities by Youth Offending Teams following a Court decision to impose either a Court Order to secure remand or a custodial sentence (detention and training order or Section 53 disposal) planning meetings held within custodial facilities case conferences convened by Social Services Departments when a child/young person is thought to have been either subject to abuse (sexual, emotional, physical) or to be at risk or is a perpetrator planning meetings and reviews for both children in need and those looked after (within the meaning of the Children Act 1989) discussing the need to register those who have offended against other children/young people and schedule 1 offenders the transfer of cases to the Probation Service relating to young people who are on or around their eighteenth birthday (in accordance with local protocols) or made subject to a Community Service Order, a Combination Order or a Drug Treatment and Testing Order where it has been agreed that these Orders will be supervised by the Probation Service on behalf of the Youth Offending Team or subject to a Detention and Training Order and it is locally agreed that the Probation Service will accept the case (full, partial responsibility) meetings relating to local consideration of the appropriateness of a local authority in partnership with the police applying to the Magistrates Court (civil proceedings) for an Antisocial Behaviour Order application to the Family Proceedings Court for a Child Safety Order offending by those with a legal status of either child in need or looked after child/young person. Each Social Services Department under Quality Protects are required to monitor the rates of offending by those populations in response to requests for information from Family Court Welfare Teams (or the CAFCASS agency from 01.04.01) publishing an annual Youth Justice Audit and Youth Justice Plan carrying out reprimand and final warning interventions 15 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 14. 15. 16. operating Youth Offender Panel providing bail support packages and suitable remand accommodation carrying out the requirements of the Crime and Disorder Act 1998 in connection with the principles of restorative justice and victim support. 3. Definitions 3.1 Youth Offending Team It is the duty of each Local Authority to establish a Youth Offending Team consisting of at least one probation officer, one police officer, one social worker, a person nominated by the Health Authority, and a person nominated by the Chief Education Officer. 3.2 Data Controller The Youth Offending Team Manager is the Data Controller. The Youth Offending Team Manager is responsible for ensuring the compliance of the Team and any external agency (beyond the statutory YOT partner agencies) of which it contracts with the Data Protection Act 1998. No other person must knowingly or recklessly without the Data Controller’s consent obtain, disclose or procure disclosure of personal data or of the information contained in personal data. It is the responsibility of the Youth Offending Team Manager as Data Controller to decide how personal data is to be handled to enter into contracts with others on behalf of the Team. It is also the responsibility of the Youth Offending Team Manager to notify the Data Protection Commissioner of the data the YOT will be processing and ensuring the terms of the notification are complied with. The Youth Offending Team Manager must also provide the necessary level of security for holding personal data and respond to any complaints and ensure requests for information from individuals can be satisfactorily responded to. 3.3 Disclosure Officers The Data Controller will be responsible for nominating staff who will have authority to release personal data. These will be the Unit Managers, Senior Practitioners and Research and Information Manager These individuals will be known as Disclosure Officers. The Disclosure Officers will also have responsibility for information sharing between members of the Youth Offending Team. All information exchanged or disclosed will be dealt with on a case-by-case basis. See Guidance In Connection with the Sharing of Information – copy attached. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 16 3.4 Depersonalised Information This is defined as information from a database/paper system which is provided to another agency in a format where it is no longer possible to identify living individuals. 3.5 Personal Data This means data which relates to a living individual who can be identified either:  from the data or from the data and any other information which is in the possession of, or is likely to come into the possession of the data holder. 4. Requests for Information Exchange Information will only be disclosed to the designated authorities that have signed up to the protocol. 5. Information Exchange Any disclosure of personal data must have regard to both common and statute law, for example, the common law duty of confidence and the data protection principles, unless and to the extent that any Data Protection Act exemptions apply, for this reason the designated authorities will ensure that:5.1 requests for information are made only where the information is necessary or expedient for the Crime and Disorder Act 1998 or one of the following legislative requirements:  Children and Young Persons Act 1969 Requirement that the police should notify the Local Authority to charge or summons a juvenile with a duty placed on the Local Authority to investigate the circumstances of any juvenile brought before the Court Children and Young Persons Act 1933 requiring the police to notify the Local Authority of the arrest of a young person who is being either supervised or looked after by the Local Authority  Additionally those working within the Youth Offending Team should be aware that responsibilities to follow agreed Area Child Protection Committee procedures when child abuse is suspected or disclosed. (Under the Children Act 1989 designated authorities are required to pass information to Social Services and/or the police with respect to any possible offence against a child or young person). D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 17 In relation to young people who are being referred to the Youth Offending Team each agency will need to determine how they are going to notify the young person of the referral. This may be done by letter to the young person or by the worker already involved with the young person. Interventions offered by the Teams at the final warning stage of a voluntary nature police in each area should be notified by the Youth Offending Team of the standard letter enabling them to notify the child/young person and their parent/carer of the referral to the Team. The purpose of the referral is for an assessment which would consider public interest. The willingness or otherwise of a child/young person to cooperate with a programme managed by a YOT and the need for such spending prevention programme. 5.2 The information supplied in connection with the above purpose is to be:    6. used only for the purpose for which it was obtained subject to strict data handling and security procedures and only to be accessed by those person whose duties require them to see it carefully controlled to ensure that such information is not disclosed to unauthorised personnel; and destroyed when it has served its purpose Extent of Data to be Disclosed 6.1 Depersonalised Data By its very nature depersonalised information is not captured by the Data Protection Act 1998. Information of this nature should still be checked by the data owner prior to release, ensuring it is accurate and complete. Recipients of depersonalised information under the terms of this protocol will not disclose that information to a third party without the consent of the data owner (see section 7). 6.2 Personal Section 115 of the Crime and Disorder Act allows for disclosure of personal data to and between the Police, Local Authorities, Health Authority and Probation or any person acting on their behalf where it is necessary or expedient for the purposes of any provision of the Act. Many of the Data Protection issues surrounding disclosure can be avoided if the consent of the individual has been sought and obtained. If consent has not been sought or has been sought or withheld the designated authority must consider if there is an overriding interest to justify the disclosure. Where disclosure of personal data would assist in protecting the public from offending by the young person (as envisaged by the enabling power in Section 115) where the child or young person is not competent to give consent, the consent of the parent or those with parental responsibility should be sought in the first instance. In the absence of consent information may be shared but the threshold for the release of D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 18 information will need to be considered very carefully and the decision to disclose made on a case by case basis. Disclosure without consent should be fully recorded on the file. 6.3 The following conditions will apply to the disclosure of personal data under this protocol:   7. Only information relevant to the nature of the enquiry will be disclosed. Areas which do not appear relevant or relate to a third party will be obscured unless the written consent of the third party has been obtained. The identity of the originator must be recorded against all relevant information. Data Ownership Data will always belong to the originating agency even after it has been entered onto a database belonging to a receiving agency. For this reason the identity of the originator must be recorded against the relevant data. No secondary use or other use of the data may be made unless the consent of the designated authority is sought and granted. (Disclosure must be compatible with the second Data Protection Act Principle which states that ‘Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes). 8. Review and Weeding of Data The Youth Offending Team will retain data for the minimum period required to achieve the objections of the enquiry; after which, the data will be destroyed securely. In those cases resulting in either:1. A reprimand or final warning – the case file should be retained for either five years after the closure of the case or when the young person reaches his/her twentieth birthday, whichever is the sooner, or 2. A conviction – the case file should be retained for five years but after three years the file should be reduced to containing any basic information i.e. name, date of birth, gender, last case worker, history of contact with the Youth Justice system i.e. record of offending and disposals received and outcome of last contact with the Youth Offending Team. The exceptions to the above are those young people who have been convicted of sexual offences applying to young people under 20 which are detailed in Schedule 1 of the Sex Offenders Act 1997. Time limits relating to sexual offences apply to those under the age of 18 at the time of disposal/conviction. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 19 9. Data Quality Any information discovered to be inaccurate or inadequate for the purpose will be notified to the Data Owner who will be responsible for correcting the data and notifying all other recipients of the data who must ensure that the correction is made. 10. Security 10.1 The designated authority will ensure that adequate security arrangements are in place to prevent unauthorised access, viewing or disclosure of information and to ensure proper handling of the information. All case files (paper records) holding personal data on individuals known to Youth Offending Teams should be held within secure filing cabinets to which only authorised personnel can have access. The cabinets should not be stored in any area of the Youth Offending Team’s premises to which service users may have access. Case files should have a section in them for third party information to which access by the subject has not been approved. This section should be removed prior to giving access to the subject for his/her file. Youth Offending Team members should have passwords to enable access to computerised records. Records both computerised and paper should be stored in such a way as to enable easy retrieval in the event of a request for access by an individual. 10.2 10.3 Guidance Notes Specific guidance on the day to day operation, supervision and management of information exchanged should be provided by the Data Controller. Declaration and Signatories The designated authority having read the above notes, undertakes to comply with the terms of he protocol. THIS PROTCOL WAS AGRRED BY THE NORFOLK BOARD ON 22.06.01. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 20 Appendix 3 A Pre Sentence Report is a detailed analysis of the offence and the offender’s circumstance, outlining background, risk factors, and criminogenic factors. The Report informs the court and recommends sanctions. The following is a template that we work to. NORFOLK YOUTH OFFENDING TEAM PRE-SENTENCE REPORT This is a report as defined in section 3(5) of the Criminal Justice Act 1991. It has been prepared in accordance with the requirements of the National standards for presentence reports. This report is a confidential document. NAME: ADDRESS: DATE OF BIRTH: AGE: DATES: 18.10.2002 12.11.2002 OFFENCES: Allow to be carried in an Aggravated TWOC Burglary XXXXX A COURT: PETTY SESSION AREA: SUPERVISING COURT: DATE OF HEARING: DATE REPORT REQUESTED: DATE REPORT COMPLETED AND SIGNED: WAS REPORT EXPEDITED: PSR AUTHOR: Norwich Youth Court Norwich Norwich Magistrates Court XXX XXX Youth Offending Team Worker Norfolk Youth Offending Team Graphic House 120 Thorpe Road Norwich NR1 1RT Tel: 01603 877500 Office Address: D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 21 1 1.1 INTRODUCTION In order to prepare this report I have obtained information from the following sources: This part of the report documents where information has been sourced, ie from LEA, Social Services, parents, school etc… 2 OFFENCE ANALYSIS This part of the report describes in detail the offence details and any antecedents. 2 OFFENDER ASSESSMENT This part of the report outlines the offender’s background, offending history, and any risk and protective factors, i.e. family, accommodation, lifestyle, peer group, alcohol use, education etc. 3 ASSESSMENT OF RISK Risk assessment 4 CONCLUSION In this part of the report the officer will recommend a specific penalty to the court. I have inserted an example case study with a selection of options which have been considered as an illustration. 4.1 I am aware that when the Court adjourned for the preparation of this report, all sentencing options were to be considered. I would therefore make the following comments: 4.2 Detention and Training Order XXXXX is fully aware that a custodial sentence is a likely outcome of today’s hearing. Such an order would serve to punish him for the offences and would perhaps begin to make XXXXX appreciate that he cannot continue to commit serious offences without serious implications for his own liberty. A custodial sentence would reiterate to XXXXX that he has to accept responsibility for his actions and acknowledge the consequences. There are no obvious signs at present to suggest that XXXXX would be vulnerable in a custodial setting and he is not fearful of a custodial sentence. However, it is my professional opinion that a Detention and Training Order may not require of XXXXX the same level of commitment and perseverance as that expected of him whilst subject to statutory supervision. XXXXX has recently begun to show that he can respond to the rigors of twice-weekly supervision sessions, and I believe that his attitudes and behaviour would be challenged to a much greater extent if this intervention were to be allowed to continue. 4.3 Electronically Monitored Curfew Order This is a feasible option for the Court today. Such an Order would function alongside the existing Supervision Orders, as an additional restriction on XXXXX’s liberty. However, I do have concerns that to restrict XXXXX to the home environment for any length of time may have negative consequences for both himself and Mr A. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 22 Prolonged periods of time spent confined in a small flat could lead to frustration and therefore an increased risk of tensions arising between XXXXX and his father. Furthermore, I would have concerns that friends of XXXXX’s may be more inclined to spend time at the flat, and thereby increase the risk of potential complaints by neighbours, regarding anti-social behaviour. 4.4 Statutory Supervision XXXXX is currently subject to three Supervision Orders, made over a period of five months. These will be in force until May 2004. I do not feel that the imposition of a further Supervision Order would add anything to the existing programme of work being undertaken with XXXXX. Indeed, the impact of such a sentence would have little meaning for XXXXX, since it would merely add one further month to his existing orders. 4.5 Parenting Order Mr A has previously been the subject of a Statutory Parenting Order and is currently accessing support on a voluntary basis. It is my opinion therefore that a further statutory Order is not necessary at the current time. 4.6 Community Punishment Order This would be my preferred option for XXXXX today. XXXXX has recently turned 16 and is therefore eligible for such an Order. He is in good physical health and the Community Service Team has agreed, in principle, to XXXXX’s participation on such an Order. I believe that the imposition of such a sentence, combined with intensive contact with XXXXX through his Supervision Orders, would serve to punish him significantly. A Community Punishment Order may be imposed for up to 240 hours, which would place a huge restriction on XXXXX’s liberty and would reduce dramatically the amount of free time XXXXX has at present. By carrying out unpaid work in the community, XXXXX would begin to repay some of the ‘debt’ he owes to the local area, caused by his crimes, and may force him to consider far more seriously his involvement in any future offending. It is my opinion that such an Order, in conjunction with the existing twice-weekly contact with the Youth Offending Team, would challenge XXXXX significantly more than any period in custody. 4.7 ISSP This section would recommend whether an ISSP should be attached to a community order. This is where the reporting officer will need to identify the specific criteria and conditions that will constitute the ISSP. The education component will be based on the recommendations of the LEA representative as named in Appendix 4. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 23 Appendix 4 Contact details for LEA and NYOT Staff LEA Staff Area Central Area Head Teacher Liz Jones Address The Greenwood Centre Greenwood Road Tuckswood Estate Norwich Norfolk NR4 6BN Telephone 01603 458191 Fax 01603 259466 Gill Buckley Address The Brooklands Centre Shrublands Magdalen Way Gorleston Great Yarmouth Norfolk NR31 3DP Telephone 01493 662923 Fax 01493 651373 Visiting Teacher Service Sue Parker The Greenwood Centre Greenwood Road Tuckswood Estate Norwich Norfolk NR4 6BN 01603 250724 01603 250440 Justin Blocksidge Eastern Education Services Centre Euston Road Great Yarmouth Norfolk NR30 1EA 01493 336300 01493 669220 Or Southern Education Services Centre London Road Attleborough NR17 2EZ 01953 546545 01953 455523 Sue Rowland S/East Telephone Fax North Dave Pearce Address Northern Education Services Centre Market Street North Walsham Norfolk County Council NR28 9BZ Telephone 01692 409501 Fax 01692 409508 Bridget Home Address Elm Road Centre Elm Road Thetford IP24 3HL Telephone 01842 762289 Fax 01842 820478 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 01692 402894 01692 406166 Marion Swinburn Western Education Services Centre St Margaret’s House King’s Lynn PE30 5DR 01553 669200 01553 669220 24 West Appendix 4 contd. NYOT Staff ISSP Case Manager Daniel Harry Address Graphic House 120 Thorpe Road Norwich NR1 1RT Telephone 01603 877500 Fax 01603 763615 daniel.harry.yot@norfolk.gov.uk Deputy Head Of Service Chris Small Address 49 Netherwood Green Norwich Telephone TBC Fax TBC ISSP Case Manager Terri Coleman Graphic House 120 Thorpe Road Norwich NR1 1RT 01603 877500 01603 763615 teresa.coleman.yot@norfolk.gov.uk YOT Offices East Havenbridge House Address North Quay Great Yarmouth NR30 1HZ Telephone 01493 847400 Fax 01493 745725 Norwich Graphic House 120 Thorpe Road Norwich NR1 1RT 01603 877500 01603 763615 West Asset House Address 11 & 12 North Lynn business Village Bergen Road King’s Lynn PE30 2JG Telephone 01553 819400 Fax 01553 691468 Head Office 45 Netherwood Green Norwich NR1 2JT 01603 223617 01603 223590 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 25 Appendix 5: Glossary of Provision Pupil Referral Unit: Age range: 5 - 14 Venue/Address: Please see Norfolk County Council Schools and Educational Establishment Directory Curriculum: Notes: key focus on reintegration to mainstream school, course content should mirror National Curriculum Visiting Teacher’s Service: Age range: 5 - 16 Venue/Address: Please see Norfolk County Council Schools and Educational Establishment Directory Curriculum: as appropriate to the needs of the pupil and as directed by the school where relevant Notes: Visiting Teacher Service support is for pupils who are out of school because of a variety of reasons including illness, pregnancy, injury and school refusal. Include: Age range: 14-16 Venue/Address: Please make contact via Pupil Access and Support Service, County Hall, Norwich Curriculum: Individual and alternative curriculum based on a core of literacy and numeracy with a high input of Social and Emotional curriculum. Notes: INCLUDE run projects for Norfolk LEA delivering alternative curriculum to pupils who are out of school in years 10 and 11 and who have high level EBD needs. INCLUDE also run education programmes for young people of post statutory school age. Links 4: Age range: 15 - 16 Venue/Address: Various Curriculum: Individual and alternative curriculum based on a core of literacy and numeracy with a high input of social and emotional curriculum. Notes: Alternative provision for pupils out of school in years 10 & 11 who have been permanently excluded, are on YOT programmes, or are children in care who have no school place. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 26 Appendix 6: Norfolk Youth Offending Team Risk Assessment And Risk Management Policy and Procedure The Assessment and Management of Risk in Respect of Dangerousness, Staff Safety and Self-Harm June 2001 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 27 CONTENTS 1. THE ASSESSMENT AND MANAGEMENT OF RISK IN ASPECTS OF, DANGEROUSNESS, STAFF SAFETY AND SELF-HARM 2. THE DEFENSIBLE DECISION 3. PROCEDURE 4. CASE RECORDING 5. HOME VISITS 6. MULTI-AGENCY WORKING REPORTING INCIDENTS – NATIONAL STANDARDS RISK MANAGEMENT – SUMMARY OF PRACTICE & POLICY ISSUES 7. 8. 9. PRACTICE GUIDELINES 9.1 MANAGING RISK – CASE MANAGERS 9.2 MANAGING RISK – UNIT MANAGERS 9.3 MANAGING RISK – HEAD OF YOUTH JUSTICE SERVICES D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 28 10. RISK ASSESSMENT IN PSRs BIBLIOGRAPHY 1. THE ASSESSMENT AND MANAGEMENT OF RISK IN ASPECTS OF, DANGEROUSNESS, STAFF SAFETY AND SELF-HARM. 1.1 The NYOT has a primary function to contribute to the protection of the public by preventing or reducing re-offending by the young people it supervises. 1.2 All young offenders on whom the YOT prepares court reports, will be subject to an ASSET and if indications are shown, a Risk of Serious Harm - full assessment. 1.3 The YOT will comply with the Norfolk Risk Management, Exchange Information and Working Together for Public Protection –Guidance for Inter Agency Working- All YOT must have a copy. 1.4 The YOT policy outlines procedures in relation to risk assessment and management but must be used in conjunction with:  Child Protection Procedures  Violence to Staff Policy  Health and Safety Manual requirements All YOT staff are required to familiarise themselves with this policy and adhere to the procedure. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 29 1.6 Practice guidance is provided to assist staff with the delivery of this policy. All YOT staff are required to familiarise themselves with this guidance. 2. THE DEFENSIBLE DECISION 2.1 A decision about the risk a young person poses can be judged defensible when:  An ASSET and Risk of Serious Harm- full assessment has been completed and the risk management strategy implemented.  All reasonable steps were taken to minimise the risk posed.  Communication took place with relevant others, seeking information that the YOT worker did not have.  Agency procedures were followed.  Relevant information was collated and thoroughly evaluated.  Decisions were recorded on YOIS and accounted for. 3. PROCEDURE 3.1 PSRs: All PSRs must include an assessment of the risk of re offending and how this risk will be managed. This will form part of the supervision plan and the ASSET section Proposed intervention to reduce offending – page 12 must always be completed together with the relevant case management sections on YOIS. If the ASSET triggers concerns, then Risk of Serious Harm - full assessment must be completed to include the Proposed intervention to reduce risk of serious harm. 3.2 CS Referral: If a report writer is considering proposing a Community Service or Combination Order then they must D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 30 complete the CS referral form agreed with Probation. This must include a risk assessment and if the report writer considers that there is any specific risk, then this MUST be discussed with CS staff. CS should not be proposed if it is felt that such an order would pose an undue risk, either to staff or to the public, and if this is the case then the report should contain a statement as to why CS is not appropriate. 3.3 Initial and Subsequent Assessments of ASSET: A risk assessment is a dynamic process and following the Report stage, assessment using ASSET should be reviewed at the start of intervention, quarterly for both community sentences and DTOs and at the end of intervention. If the young offender poses a Risk Concern it may be that a full assessment needs to be completed much more regularly. (NS.7.2.9) 3.4 The Risk of Serious Harm – Full assessment must be shared with all staff and volunteers who are working with the young person. 3.5 If the Risk of Serious Harm – Full assessment indicates that a young offender is Risk Concern then s/he should be referred to the Head of Youth Justice for inclusion on the NYOT Risk Concern Register and possible referral to a Public Protection Conference. The YOIS record will be flagged to reflect the level and concern and to allow for further information to be gleaned from ASSET – Risk of Serious Harm. 3.6 YOIS Flagging – If the young offender is considered to cause any form of risk of harm then this must be flagged on YOIS as Risk Concern. If staff see this on YOIS they will need to access the ASSET to understand the extent, type and level of risk posed. 4. CASE RECORDING 31 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 4.1 Every case record, both paper files and YOIS, should be marked so that the risk posed is immediately apparent to the reader. As above in 3.6 for YOIS and by red markings. 4.2 Essential information on records for young people considered a Risk Concern should be kept for 10 years from the date of termination where there has been no further contact. Other agencies involved in a case should be informed when it has terminated and that information on the case will continue to be held for a defined period. 4.3 In line with the Access to Records Policy, case recording should be shared with the young person, except where the information could increase the risk to the public. 4.4 Any case discussion between the YOT worker and the Unit Manager/Head of Youth Justice Services must be recorded on YOIS – the responsibility for doing this to be agreed at the time. 4.5 The supervision plan and subsequent reviews should be a ‘live’ document, which is amended in the light of events in the young offender's life and the quality and quantity of information available. The plan and the review should drive intervention and not simply summarise what has happened. 4.6 The case diary on YOIS is the case manager's account of all events relating to the young offenders supervision. It is also a notebook, which the case manager should use to record developing concerns about potential risk to other people or themselves. It is vital that such concerns do not remain in the memory but are logged on the record. This is particularly important so that other YOT staff can act effectively if the case manager is not available. It is also necessary because:  The validity of concerns and worries can be tested through the process of writing them down. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 32  Written information can highlight a pattern or trend, which is lost if retained in the memory.  Written information cannot be ignored or suppressed in the way that thoughts can. 5. HOME VISITS 5.1 Home Visits are an essential element in gaining a wider picture of the offender's circumstances and situational tensions and are part of National Standards. However, if the Case Manager believes there to be a threat to personal safety, the overriding consideration is the safety of staff and either no Home Visits are made, or they are undertaken with a colleague. The Violence to Staff Procedures and Working Alone, Staff Notice, must be applied and always discuss with the Unit Manager. Careful consideration must be made where there are child protection cocnerns and other agencies alerted to and involved in our decisions. 6. 6.1 MULTI-AGENCY WORKING Effective joint work depends upon the development of satisfactory structures within which planning, review and general liaison can take place. Moreover, mutual trust and respect between agencies but especially between individuals in middle manager and service delivery posts are considered essential to achieve successful working together. REPORTING INCIDENTS – NATIONAL STANDARDS 7.1 Serious incidents where public protection has been compromised by a young person subject to statutory supervision by the YOT should be investigated. A written report will be prepared for the Youth Justice Board Staff should be aware, that any incident reporting will not be based on hindsight bias. Any assessment of a Case Manager’s practice will be made on the basis of what staff knew at the time and not what has been subsequently learnt about an offender's behaviour. 33 7. 7.2 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 7.2.1 When a young offender subject to any form of intervention and is charged with a serious offence then YOT staff must inform their Unit Manager and the Head of Youth Justice immediatly the information is known. The Head of Youth Justice will inform the YJB and the Norfolk Board then carry out a review of the case. A serious offence is defined as:        Murder Attempted murder Arson where there is intent to endanger life Manslaughter Rape Any other serious or sexual offence,armed robery,assualt with a deadly weapon or hostage taking Any other offence which has attracted or seems liekly to attract significant media interest or is though likely to raise wider issues of nationla interest. 8. RISK MANAGEMENT - SUMMARY OF PRACTICE and POLICY ISSUES 8.1 Norfolk Youth Justice Board is responsible to:      ensure that there is a policy framework which covers the way the YOT will deal with public protection and the assessment and management of young offenders who are a Risk Concern; satisfy itself that the YOT is designed to maximise the potential for effective intervention; satisfy itself that the YOT is supervising Risk Concern cases adequately and in line with local policy and practice requirements; ask for reports in cases where young offenders under supervision have caused serious harm to others; ensure that deficiencies highlighted in inspections, audits, monitoring and incident reports are remedied and disciplinary action proceedures activated when staff have been negligent; 8.2 Case Manager’s responsibilities are to:    comply with this Policy; meet National Standards; maximise opportunities for effective intervention; 34 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc        ensure the requirements of individual licences and orders are implemented; ensure that young offenders who are Risk Concern are discussed with the Unit Manager for referral to the Norfolk Protocol, Risk Management, Exchange Information and Working Together for Public Protection – Guidance for Inter Agency Working, see-attached appendix 1. ensure the Child Protection Policy is followed; contribute to defensible decisions; inform the young offender of the risk level and type unless there are strong reasons for not doing so; maintain liaison with other involved agencies; refer the case immediately to the Unit Manager if you think the offender may pose an immediate risk to others. The case is an agency responsibility and decisions about action should be shared. 8.3 Unit Managers’ responsibilities are to:        monitor that the requirements of the order or licence and of National Standards are being implemented and local policy and practice requirements are covered; ensure that an ASSET and Risk of Serious Harm – full risk assessment has been carried out and the level of risk recorded on YOIS; discuss with the Case Manager Risk Concern cases and refer to the Head of Youth Justice to consider listing on the Risk Concern Register or refer to a Public Protection meeting; help staff develop effective intervention; contribute to defensible decisions; provide practical information about where to seek specialist help; help staff articulate fears and concerns and overcome them without making them feel deskilled or inadequate; 8.4 Head of Youth Justice Service is responsible for:    promoting effective practice; developing and reviewing inter-agency protocols in relation to information sharing and joint risk management; considering what specialist facilities are required to provide adequate facilities for Risk Concern cases and promote action to fill gaps in provision. ensure that policy and practice requirements are adequate and up to date; ensure that staff are up to date with your subject, e.g., that you know about legislative and practice issues; contribute to defensible decisions; 35   D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc               keep colleagues and staff up to date with the subject; cultivate good working relationships with local specialists in the field with whom the YOT works, or ought to work; read the Risk Concern Register at least once a month; ensure the information held on each case is up to date; remind Unit Managers periodically that they must ensure all relevant cases are referred to yourself; remember that maintaining an administratively accurate register is only a means to an end. The register is a tool to enable staff to play your part in managing Risk Concern Cases. It gives you information which you should use to ensure that they are adequately supervised; if the information supplied to the register is insufficient to enable you to satisfy yourself that the case is being properly handled ask for more; do not ignore intuitive feelings that all is not right with a case on the register; ensure there are up to date practice requirements covering work with Risk Concern cases; negotiate with Chief Officers in other relevant organisations to ensure that service delivery by those organisations helps meet the objective of public protection; promote joint action by agencies to develop provision which helps the supervision of Risk Concern cases; review inter-agency protocols for managing dangerous offenders; ensure that policy and practice is implemented; ensure that staff are trained in local policy and practice requirements in relation to Risk Concern cases. 9. PRACTICE GUIDELINES MANAGING RISK - CASE MANAGERS 9.1 Offenders registered as Risk Concern require special attention in supervision. Do:       establish a plan to deal with the identified risk and potential dangers and complete the full requirements of the Risk of Serious Harm – full assessment; develop a critical 'suspicious' approach; 'bring forward' concerns and worries in your thinking, consciously acknowledge and think about them; be aware of situational triggers or risk factors; be aware of your intuition which is often a valid pointer that the offender poses a threat or all is not well. Do not dismiss it as 'too subjective'. Try to put words to the feelings you have and articulate your concerns. Ask yourself how you 'feel' about the offender; as a YOT worker you have developed skills in handling difficult people but be alert to areas about behaviour and attitudes where you are less skilled; identify potential outcomes and their likelihood; demand good supervision from your manager;    D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 36                use other people, and other agencies, with specialist skills and knowledge; share a difficult case with others in a formal case conference or in discussion with colleagues. Ask a colleague for a second opinion. Consider shared working; keep in touch with all other agencies and people involved in the case, non-professionals may need help to articulate concerns and to realise they have critical information about potential risk, assist them to articulate this. seek information, do not wait for others to inform you; inform the young offender that they have been assessed as a potential risk (unless there are strong reasons for not doing so); develop a rapport with the offender and win their respect and trust; keep in touch with how the offender's situation is developing. There are often indicators of deterioration in attitude; if you supervise the offender in group situations watch how others react to him or her. Their behaviour will often give you information about the offender's attitude to other people and effect on them; try to involve the offender in managing his or her behaviour; be aware that a fear of provoking disaster can make supervising officers reluctant to raise difficult subjects; ask the 'unaskable'. By raising calmly but directly, difficult issues you let the offender know you can cope with the unpalatable or unmentionable; make clear to the offender what is not negotiable, e.g., in relation to reporting and complying with requirements of orders and licences; always do what you have said you will do, promptly; remember that a 'panic' reaction in a moment of stress may prevent you from hearing significant words or messages or from realising that important things have been unsaid; respond quickly to a developing crisis situation; Do not:         suppress or dismiss suspicions or uncomfortable thoughts about the offender's behaviour or attitudes; feel embarrassed or silly about raising issues, discussing worries or 'thinking the unthinkable'; deny that behaviour can be repeated; assume that because an offender shows insight he or she is 'immunised' from behaving dangerously; identify with the offender; be misled by changes in the offender's life, such as academic achievement, finding work, religious conversion, etc, into thinking that dangerous behaviour is less likely to occur – always reassess; be misled by compliance with the terms of the order or licence into thinking that dangerous behaviour is less likely to occur; simply monitor progress. Actively promote rehabilitation. 9.2 MANAGING RISK – UNIT MANAGERS 9.2.1 In relation to cases assessed as Risk Concern you should: D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 37        only allocate them to YOT staff who are experienced and able to handle them; always allocate a back-up officer and ensure that he/she is named in the case record; take into account the extra demands of these cases in making decisions about workloads; ensure that all key information which relates to the danger posed by the young offender is recorded in line with policy requirements; ensure that the supervision plan covers risk issues; ensure that the case is registered centrally and the required information and reviews are passed on to the Head of Youth Justice to be held on the register; ensure that the offender has been informed of his/her registration. 9.2.2 Remember:     you share responsibility for the management of the case and quality of supervision provided; you have the authority to dictate the way the case is handled; your external view of the case will sometimes allow you to see things about the case which the supervising officer has not noticed; in some cases there may be threats posed by the offender to YOT staff. Such cases should be considered for transfer to another YOT worker and/or the matter reported to the Police. 9.2.3 Do not:    assume the Case Manager is always right about the case or how to manage it or has sufficient knowledge or experience; rely on YOT staffs account alone of what is happening. Read the case record and form your own judgement; ignore your intuition that all is not well in the case. 9.2.4 Do:       know inside out the Risk Concern cases held by your Unit; discuss all Risk Concern cases regularly with their Case Managers; read the whole of the case record. Read the case record before discussing the case with the Case Manager; conduct supervision sessions critically based on your reading of the case record. Enquire and hold to account. If you are not satisfied, pursue an issue; recognise good work and tell staff. Reassure Case Managers that they are not expected to prevent all future offending or predict all violent behaviour; encourage the Case Manager to discuss the case with you as often as they want to. Make it clear that you give priority to discussions about Risk Concern cases; D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 38         help the Case Manager to 'think aloud' about the case and talk through in supervision; draw out the Case Managers feelings and opinion about the case. Encourage him or her to express anxieties, doubts and fears. They may hesitate to raise 'silly' worries or 'think the unthinkable'. ask the 'unaskable' both about the offender and his or her behaviour and about the Case Managers feelings about it. By raising calmly but directly difficult issues you let them know you can cope with the unpalatable or unmentionable; help the Case Manager separate fears for themselves from fears about potential risk to others; actively intervene to guide the course supervision is taking; demand good supervision from your manager; alert your manager to shortfalls in local provision of specialist services or to problems in accessing what exists; take action to improve liaison or the quality of provision when it lies within your scope to do so. In particular develop good working relationships with key people in other organisations; 9.2.5 In reading the case record or discussing with the Case Manager, be alert to signs that:         the Case Manager is out of his or her depth; the Case Manager is afraid of the offender; the Case Manager finds aspects of the case too distasteful to confront or to discuss with the offender; the Case Manager has 'forgotten' the original offence. This can happen particularly in cases of long-term imprisonment; the Case Manager does not understand or cannot accept the public protection role; the offender is trying to manipulate or intimidate the case manager or establish an inappropriately friendly relationship with him or her; the offender is trying to dictate the way supervision is managed; the offender may be about to seriously harm other people. 9.2.6 Signs that the Case Manager is struggling with the case may include:            assessing as lower risk than seems appropriate; seeing the offender infrequently; not home visiting; not prison visiting; running the order 'around' the offender; avoiding issues in discussion with the offender; avoiding issues in discussion with you; resisting discussing the case with you; appearing to want to appease the offender; appearing inappropriately confident or unconcerned about the dangers posed by the offender or the complexity of the case; trying to get the order discharged early inappropriately. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 39 9.2.7 In addition watch for:  generalised expressions of stress or frequent ill-health. 9.2.8 Acting on immediate risk/case          act quickly; remember public protection comes before the offender's right to confidentiality or liberty; remember that quick action may save lives as well as protecting the offender from committing a further offence; draw up a response plan with the case manager; alert your manager and discuss the proposed plan with him or her; report the potential danger to the Police or Social Services as appropriate; if the proposed plan requires action by a more senior manager ensure that that person is aware of this and will act; keep the case record right up to date with everything recorded; if there is no concrete action which can be taken to assure a potential victim's safety or remove the offender 'from the scene' record this. 9.3 MANAGING RISK – HEAD OF YOUTH JUSTICE SERVICES 9.3.1 As line manager do not:   automatically assume that the Case Manager and his or her Unit Manager are able to handle the case without help; when there are problems in a case, leave Unit or Case Managers to liaise and negotiate with people who are of significantly higher status than they are. 9.3.2 Do:    establish good working relationships with key people in other organisations to ease access to, and use of, these options by staff; ensure that you are 'acquainted' with all the potentially dangerous cases held in teams for which you have a line management responsibility; arrange discussions of selected cases from time to time, with the Unit Manager, whether or not you have cause for concern. this promotes your understanding of individual cases, acts as a reinforcement to staff to implement good practice and demonstrates your interest in case management at individual case level; encourage Unit Managers to discuss cases with you as often as they want to. Make it clear that you give priority to discussions about potentially dangerous offenders and expect to be informed about, and involved in, their case management; recognise good work and tell the Unit Manager and Case Manager. Reassure them that they are not expected to prevent all future offending or predict all violent behaviour;   D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 40    ask the 'unaskable' both about the case and about the Case Manager and Unit Managers feelings about it. By raising calmly but directly difficult issues you let them know you can cope with the unpalatable or unmentionable; ask to see the case record if you have concerns about the case; convene 'mini case conferences' involving the Unit Manager and Case Manager to discuss worrying cases. 9.3.3 Remember:   your external view of the case will sometimes allow you to see things about the case which the Unit Manager or Case Manager has not noticed; if the offender seriously harms someone there will be a report to the Youth Justice Board and in some cases also an enquiry. Ensure that your staff implement National Standards and the terms of orders and licences. Ensure that you and your staff implement local policies and do everything possible to reduce risk to others. 9.3.4 Acting on immediate risk If a Unit Manager alerts you to an immediate risk posed by an offender:        act quickly; remember public protection comes before the offender's right to confidentiality or liberty; remember that quick action may save lives as well as protecting the offender from committing a further offence; discuss the response plan with the Unit Managers; report the potential danger to the Police or Social Services as appropriate, if not done by the middle manager; check that the case record is right up to date and everything is recorded; if there is no concrete action which can be taken to assure a potential victim's safety or remove the offender 'from the scene' check that this has been recorded on the case record and countersigned by the Unit Manager; 10. RISK ASSESSMENT IN PSRs 10.1 The National Standards requires that each PSR contains an assessment of the likelihood that the defendant will re-offend and, if so, what harm this would inflict on others. A risk assessment in a PSR is neither a reflection of offence seriousness nor, usually, mitigating or aggravating information. It is intended to enable the court to take future risk into account in deciding sentence either by removing the offender from the community or by imposing a sentence which will tackle offending behaviour. 10.2 As with all risk assessment, it is not possible when preparing a court report to predict definitively whether, or how, someone will re-offend though it is more easy to comment authoritatively in some cases than in others. In many cases the task is complicated because the defendant is unknown to the report author or relevant information about him or her is not available. It is critical that: 41 D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc   information is verified; assessments are based on facts and professional opinion which could be justified if the author were required to give evidence. 10.3 Report authors should therefore exercise care in framing comments about whether the defendant will re-offend. Particular care should be taken when referring to potential or actual harmful behaviour which is:   unconnected with the current offence; unlikely to lead to a criminal charge being laid. 10.4 A risk assessment is not expected to be a bald statement that there is a 'high', 'low' or 'x%' chance of the person re-offending. The report author should:     assemble all the relevant information; consider the ASSET score; consider, applying professional judgement and what that tells him or her about the possibility of further offending; convey those conclusions to the court taking into account the constraints imposed by the requirement to able to verify report contents. 10.5 It is acceptable to give qualified or contradictory information through a discussion of the available evidence. If there is insufficient information to make any comment about the likelihood of a further offence this should be stated. 10.6 The report author should not reach conclusions about future risk in the absence of vital information. It is important that the PSR author sees all the people and documents he or she considers necessary. Where this has not been possible, this should be stated in the report. It is unlikely that an adequate comment about risk can be made if the report author:   has not seen the defendant's full antecedent history; has been unable to see documents or interview people (including the defendant if he or she declines to co-operate) who would provide critical information. 10.7 A risk assessment should always be linked, where relevant, to comments about proposed community sentences and the ways in which supervision will try to prevent or reduce re-offending and lessen the risk of harm to others. 10.8 Report authors are sometimes concerned that where custody is possible an assessment which states the offender poses a risk to others will confirm to the sentencer that a custodial sentence is necessary. Risk should never be played down in order to achieve a non-custodial sentence. Where custody is an option but not inevitable, attention should be given to proposing a supervision programme which will have the confidence of the courts. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 42 BIBLIOGRAPHY Management and Assessment of Risk in the Probation Service - Home Office/ACOP 1987. Dealing with Dangerous People: The Probation Service and Public Protection. Report of Thematic Inspection 1995. Reviewing Risk. A Report for the Home Office Research and Statistics Directorate, Hazel Kemshall, February 1996. HMIP Thematic Report. Dealing with Dangerous People. Home Office Seminar 6 December 1995. Managing Risk and Dangerousness in the Probation Service. Development Processes UK Ltd. Management & Assessment of Risk in the Probation Service - A Home Office Manual 1997. Strategies for Effective Offender Supervision - HMIP & ACOP 1998. Serious Incident Reporting - Probation Circular 71/98. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 43 Appendix 7: Education Assessment Proforma Report Officer responsible for the Assessment: Contact Details: 1of 3 Name of Young Person being assessed for ISSP: Date of Birth Address Educational Status: On School Roll – attending On School Roll – not attending Subject to long fixed term exclusion Subject to permanent exclusion Other – please state 1. Educational needs and abilities Basic Skills Assessment summary 2. Feasibility of attendance at mainstream school 3. Proposed curriculum Core Elements: D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 44 For weekly timetable see page 3 4. Venue and staffing 2 of 3 5. Anticipated variations to weekly timetable (work experience, study leave) during the period of ISSP 6. Anticipated plan for reintegration into fulltime education, including into mainstream (If Applicable) 7. Exit strategy 8. Proposed additional support for the school and young person Comments: D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 45 Education Time table for _________________________ 8-9 Monday 9-10 10-11 11-12 To commence _________________________ 12-1 1-2 2-3 3-4 3 of 3 4-5 Tuesday Wednesday Thursday Friday Saturday D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 47 Appendix 8: ISSP Acceptable Behaviour Contract This Acceptable Behaviour Contract will set out the behaviour we expect from you during your ISSP. It is also important that you understand that you have a right to be treated fairly and with respect. If you feel this has not been the case you should talk to your ISSP case manager, refer to the complaints leaflet given to you, or ask to see the Unit Manager. The aim of the ISSP is to prevent you from continuing to offend and to help you stay in education, training or employment. If your behaviour stays within the following guidelines we will do everything we can to help you with your ISSP. When you sign this paper you are agreeing to the terms and conditions outlined below. If you fail to behave in an acceptable manner so that we need to exclude you from any part of the programme we will interpret this as a breach of your order and will have to return you to court. The conditions below apply for all parts of your ISSP, including your education and reparation. YOU MUST  Attend all appointments on your weekly timetable.  Behave in a manner that is not aggressive, violent, or confrontational.  Treat everyone with respect  Arrive on time and stay for all appointments including all of your education programme.  Switch off your mobile phone during appointments.  Contact your case manager in advance if you are unable to attend any part of your programme, if this is not possible then contact us within one working day with a full explanation on _______________.  Conform with the rules of the educational establishment you have been told to attend  Comply with any reasonable instruction or directions.  Ask for help if you do not understand something on your programme. YOU MUST NOT  Use abusive language to any member of staff or other young person  Bring friends with you to any part of your programme.  Attend while under the influence of alcohol and/or drugs.  Fight, use violent or aggressive behaviour or make threats of violence. Additional Rules agreed: These rules also apply to all of your timetable during the ISSP. A copy of this agreement will be given to the provider of your education. I understand the above Rules and agree to abide by them. I have been informed that failure to comply may result in my being returned to court for breach of the order. Signed:_____________________ Print Name:___________________ Date:____/____/___ YOT Sign:__________________ Print Name:___________________ Date:____/____/___ To be completed and a copy given to the offender at Court after sentencing, this is for all Orders except Detention and Training Orders. For DTO’s this should be completed on the day of transfer to the community. D:\Docstoc\Working\pdf\7037d092-167f-42ef-9dc8-28fa103e1b07.doc 48