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Contents

1. Introduction and Purpose of Protocol
2. Shared Principles
3. How we will Work Together
4. Safeguarding
5. Looked After Children
6. Remands into Local Authority Accommodation
7. Remands into Local Authority Accommodation (secure)
8. Preventing Offending
9. ASBOs and ABCs
10. The Education of Young Offenders
11. The Criminal Justice and Immigration Act 2008
12. Family Intervention Project (FIP)
13. PACE Beds
14. Gangs and Serious Youth Violence
15. Children Missing from Care and Home
16. Conflict Resolution

1. Introduction and Purpose of Protocol

1.1	The purpose of this protocol is to identify the framework within which the Youth Offending Service (YOS) and Safeguarding and Support Service (S&S) manage their respective responsibilities for young offenders and those at risk of offending and how they will work together in partnership to ensure children and young people are safeguarded and their involvement in the youth justice system minimised, through effective partnership working.
1.2	The protocol seeks to ensure that there are shared objectives which reflect the "Every Child Matters" objectives, LAA Indicators, and the KPIs of both Services, particularly in regard to the offending behaviour of children in care of the Council.
1.3	S&S and the YOS work within a legislative framework and this protocol takes into account the statutory duties and responsibilities of both Services.
1.4	This protocol sets out the governing principles as to how we will work effectively together in relation to the following specific areas: safeguarding, preventing offending, meeting the needs of children in care, children in need and care leavers, remands into local authority accommodation and the education of young offenders. The aim of partnership working is to improve life chances of children and young people at risk of offending and those who are victims of crime, whilst reducing offending and re-offending levels in the borough.

2. Shared Principles

2.1	Young people come to the attention of S&S for a variety of reasons, but most referrals can be broadly defined as welfare or justice concerns.  Welfare concerns cover issues from child protection to general support to young people and/or their families. Justice concerns are the result of offending/anti-social behaviour by young people.
2.2	Some children and young people have complex needs and difficulties which may require a dual response from the YOS and S&S. It is these cases where case responsibility, identification of the lead professional and management need to be clear. Effective joint working enhances the quality of life chances for all children. This protocol will seek to clarify the roles and responsibilities for shared and complex cases.
2.3	Central to the protocol is the need to ensure that all services are delivered according to anti-discriminatory practice and take the ethnicity, gender and sexuality of young people and their related needs into account.

3. How we will Work Together

3.1

There is a clear commitment from S&S and the YOS to partnership working across Children's Services. In order to achieve this and facilitate partnership each Service will: Ensure that representatives with the appropriate level of authority have membership of and participate in the relevant Boards and other meetings of both services. Contribute to the development of strategies as required and ensure named professionals are designated as links between services Share information in accordance with agreed protocols and the law Nominate an overarching link person from each service to manage the relationship between the Services Report jointly to relevant management boards.

4. Safeguarding

4.1	The YOS Manager is a member of the Local Safeguarding Children Board.  The Assistant Director of S&S is a member of the Local Safeguarding Children Board (LSCB) and sits on the Children's Trust. The Director of Children and Families chairs the YOS Performance Management Board and is also a member of the LSCB and therefore oversees effective joint working across both services.
4.2	YOS managers will ensure that all staff are aware of, have access to, and follow the ALL London Child Protection Procedures and the local safeguarding procedures.
4.3	If a child protection concern is identified by a YOS officer, they must report it immediately to their manager before notifying the Referral and Assessment Team or the allocated social worker.
4.4	Child protection investigations will always be the responsibility of S&S Social Workers.
4.5	A YOS representative will attend strategy meetings, child protection case conferences, professional planning meetings, core group meetings etc where appropriate. In the event that attendance is impossible, the YOS allocated worker or his/her line manager will submit a written report.
4.6	All YOS practitioners will be required to undertake the Council's Child Protection and Safeguarding training programmes.
4.7	In cases where YOS practitioners identify the vulnerability level of a young person as high, a multi-agency professionals meeting will be convened to ensure that welfare needs are addressed. This applies to a range of young people, including those at risk of involvement in serious youth violence including gun and knife crime.

5. Looked After Children

5.1	If a young person is Looked After (LAC) and is reported to be engaged in offending, the allocated social worker should refer to the YOS Youth Inclusion and Support Panel where LAC will be prioritised for early intervention.  Referrals should be made in writing and must address risk factors, such as family background, education, constructive use of leisure, substance misuse, offending/ anti-social behaviour.
5.2	Should a LAC be arrested and an Appropriate Adult required to attend a police station, it is expected that, in the first instance, the young person's parent or carer will attend.  If the child is in residential care, their key worker should attend. In the event that the residential staff are unable to attend and/or are the victims of the offence, the allocated social worker should attend. In the event that all options have been explored and there is nobody available to attend, the YOS Appropriate Adult Service will attend the police station.
5.3	If, after initial interview, the young person is bailed to return to the police station for charging, issuing a final warning or reprimand - a parent, carer, RSW or S&S social worker will need to accompany him or her.  Similarly, if the young person is assessed as eligible for the YOS Triage scheme, a parent, carer, RSW or S&S social worker will need to accompany them when they answer to their bail, either at successful completion of the Triage programme or following a failure to comply.
5.4	YOS staff cannot act in loco parentis when children or young people appear in court. The young person should be accompanied by their parent, carer, residential worker or social worker. In cases of emergency or where the social worker /foster carer may be the victim of the crime, the YOS managers should be contacted to discuss who attends court with the young person.
5.5	Carers, Residential Staff and Social Workers are responsible for arranging transport to and from court and for ensuring that legal aid matters have been arranged.
5.6	In the event that a LAC is sentenced to a Referral Order, a representative from the LAC team will be invited to attend the Referral Order panel. The YOS will make every effort to convene the panel at a time and place convenient for the representative (although the wishes of the victim take priority).  The LAC team will ensure that someone attends the panel with the young person (parent, keyworker, carer, allocated social worker).
5.7	When a young person's case is being reviewed by the YOS, the YOS case manager will ensure that the allocated social worker is invited to all reviews and planning meetings, including those for young people in custody.
5.8	Team managers within S&S will ensure that allocated YOS workers are invited to statutory reviews of children in care and planning meetings where appropriate. YOS Asset assessments, intervention plans and young people's care plans must inform each other.
5.9	Where there is an allocated worker in the YOS and an allocated social worker, it is essential that both workers meet and agree their areas of responsibility, define respective roles and determine how frequently and by what method future communications will be made. Joint meetings will be held before either service closes the case.
5.10	For children placed out of borough, it is the responsibility of S&S staff to establish whether there are any concerns about offending or risk of offending and ensure that liaison with the YOS takes place as required. The YOS will provide support, advice and consultation about these young people to the allocated social worker.
5.11	Young people who are subject to care orders, accommodated under S20 or eligible under the Leaving Care Act 2000 and who become the subjects of custodial sentences remain open LAC cases and the YOS will ensure that resettlement plans are made in conjunction with the allocated social worker in the case.

6. Remands into Local Authority Accommodation

6.1	YOS staff will attend court and provide information as requested by the court. Where the young person is already Looked After or has an allocated social worker, a member of the LAC team or the allocated social worker will attend court where possible to assist with information requirements. If this is not possible, they will provide YOS staff at court with up to date information.
6.2	YOS staff will contact the relevant S&S team as soon as a Remand into Local Authority Accommodation seems likely or is made and fax the remand information (including conditions) and a copy of ASSET to the Duty Manager (where available) and any other relevant information if the young person is already known to the YOS.
6.3	The S&S team will assess the placement type required and whether placement at home is suitable. Responsibility for final placement decision rests with the S&S Team in liaison with the placements service. This decision should be subject to review at the next Early Intervention Panel (EIP). Any change in placement during the remand period should be notified immediately to the YOS.
6.4	The S&S team has the ultimate responsibility to collect the young person from the court and to transport them to their next placement. The YOS will assist in transfer arrangements from court to placement, and assist in organising other means of transport in agreement with the S&S team.
6.5	The S&S team and the Placements Service will finalise placement arrangements with providers, completing provider referral forms, and all LAC placement forms as required.
6.6	The responsible S&S team will implement LAC procedures, arranging planning meetings and reviews and completing LAC forms where required, in full consultation with the relevant YOS responsible officer. For those young people known to the Leaving Care Team, the allocated Leaving Care Social Worker will take the lead and ensure that pathway planning takes place.
6.7	The YOS will provide information about subsequent court appearances and other relevant information to the allocated Social Worker as soon as possible to assist in planning.
6.8	YOS staff will attend LAC reviews and reviews of pathway plans for LAC and care leavers in custody.
6.9	Where required, the YOS will provide a support programme for the young person during the remand period. In the event that the young person is placed outside the borough for the duration of the remand, Ealing YOS will liaise with the YOS in the borough in which they are placed to ensure the young person receives the services identified.

7. Remands into Local Authority Accommodation (secure)

7.1	Applications for secure accommodation made on welfare grounds will be the responsibility of the S&S teams.
7.2	The decision to impose a secure order remand on a child or young person is made by the court. Once the order is made the Local Authority has no option other than to comply with these directions.
7.3	All arrangements for the placement of a young person in secure accommodation, following a court ordered remand, will be carried out by the YOS in liaison with the YJB (who are responsible for the identification of the placement).
7.4	On the day of the secure remand, the YOS will inform the appropriate manager in the relevant S&S Team and the Placements Service so that the case can be allocated and all documentation completed, including LAC forms.
7.5	The Senior Team Manager will ensure that the statutory child care review procedure is followed and the case is allocated.
7.6	Funding for the secure placement will be jointly financed, as negotiated nationally, by the Youth Justice Board and S&S.
7.7	S&S will be responsible for arranging and funding escorts for this and subsequent court hearings.
7.8	If the YJB is unable to locate a secure placement, the S&S will need to identify and fund a placement which is as secure as possible to hold the young person until a secure placement becomes available.
7.9	Cases where a young person will be homeless on release following remand or sentence to a secure placement will be referred to the Housing Support/Unaccompanied Minors Team Manager.

8. Preventing Offending

8.1

Effective work with children and young people to prevent offending is a statutory requirement placed on all agencies under the Crime and Disorder Act 1998 and is one of the LAA and LCJB indicators. Preventing offending, therefore, is not just the remit of the Youth Offending Service.  However, the YOS does provide specialist services which can support the work done by S&S to prevent offending.  The YOS will, therefore, accept referrals to the Youth Inclusion and Support Panel.

9. ASBOs and ABCs

9.1	The Anti Social Behaviour Action Group acts as a mechanism to ensure that there is consultation and a co-ordinated plan in place for all those who have come to the attention of their attention and who are suitable for inclusion in Acceptable Behaviour Contracts. The YOS will monitor and oversee ABCs.
9.2	The national guidance stipulates that the YOS will be consulted prior to an ASBO being sought in the court.  Locally agreed procedures are that the ASBAG and the police (where they are seeking ASBOs as part of criminal proceedings) will consult and discuss with the YOS.  The YOS will ensure that the S&S views are fully incorporated in feedback.

10. The Education of Young Offenders 

10.1	Information about the educational circumstances and outcomes for young offenders is essential to ensure improved achievement levels.  Information sharing protocols are in place across the local authority.
10.2	The YOS will make the education of young offenders a priority and facilitate joint planning with schools, the Pupil Referral Unit, and education providers in order to achieve positive educational outcomes and ensure that each young person is enrolled at school or an appropriate education placement or College.
10.3	The YOS will routinely attend MAPS and other relevant forums as required.
10.4	The YOS will ensure that, when young people are in custody, their educational needs are addressed.
10.5	The YOS will ensure that it follows the protocol with schools and maintains regular contact with the designated teacher for young offenders in each of the schools.
10.6	The YOS will work with the Safer Schools Partnership Initiative in order to deliver targeted interventions to those most at risk of school exclusion and offending.
10.7	S&S, the YOS and schools will plan strategically, in partnership, to improve the overall levels of attainment for young offenders.

11. The Criminal Justice and Immigration Act 2008

11.1

The above Act introduced the Youth Rehabilitation Order (YRO) on 30th November 2009. The YRO contains up to 18 requirements, 3 of which are of direct relevance to joint work with S&S. The residence requirement (for 16 and 17 year olds) and local authority residence requirement can be made by the Court on the recommendation of the YOS. The YOS will complete an assessment and then liaise with S&S relevant staff when either of these requirements is being proposed.

11.2

The Intensive Fostering (IF) requirement is an alternative to custody and the YOS will liaise with S&S as soon as the court indicates IF is being considered as a sentence. S&S will be involved in the assessment and thereafter, as the young person becomes a LAC as a result of IF.

12. Family Intervention Project (FIP)

12.1

Ealing has a FIP aimed at families experiencing problems including child behavioural problems, mental ill health, domestic violence, having a parent in prison, prolific parent offending, substance misuse, and child neglect, which often lead to youth offending and other poor outcomes. Both the YOS and S&S have representatives on the FIP steering group and the YOS is providing resources to the FIP.

13. PACE Beds

13.1

When a young person is charged with an offence police may refuse bail.  In such cases, the Emergency Duty Team will be contacted and where practicable will seek a suitable and appropriate placement. Where, out of hours, this is not possible, the Emergency Duty Team will ensure the relevant office is notified to follow up first thing on the next working day.

14. Gangs and Serious Youth Violence

14.1

As well as putting themselves and others at risk, young people who are involved in gang-related or other serious violent offending place themselves and their families in jeopardy as they attempt to disengage from these activities. In such cases, in order to establish whether the issue is one of safeguarding or a duty of care to the family as a whole, the Yos will call a professionals meeting and invite team managers from Housing, Social Care and any other relevant agency such as police or Leaving Care. The respective agencies will cooperate in providing services, interventions and exit strategies which assist in safeguarding the young person and their families up to and including relocation.

14.2

The respective agencies will prioritise the timely exchange of police and other relevant intelligence and the provision of discrete services to safeguard girls and young women whose participation in gang activities puts them at risk of sexual exploitation and physical harm.

15. Children Missing from Care and Home

15.1

In responding to cases of young people considered 'missing' (i.e. if their whereabouts are unknown, whatever the circumstances of their disappearance) the roles and responsibilities of the YOS and S&S are those described in the London Procedure for Safeguarding Children Missing from Care and Home. The Procedure is designed to support an effective collaborative safeguarding response from all agencies involved when a child goes missing and provide guidance for assessing both the risk to the child going missing and the risk to the child when they are missing. The Procedure describes appropriate staff/agency actions to locate the child, to effect their return and to identify the issues which caused, and may continue to cause, the child to go missing.

16. Conflict Resolution

16.1

Operational problems or differences of opinion between YOS, S&S staff and/or schools, are best resolved by the workers themselves in the first instance.  If they are unable to come to an agreement, the workers must refer the matter to appropriate line managers, including the YOS Head of service and the relevant Operational Managers and ultimately to the Assistant Director, S&S and Assistant Director Planning, Commissioning and Partnerships. Final point of resolution will be through the Director of Children and Families.

End