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Contents

1. Introduction
2. Aims and Principles
3. Service Provision - Youth Justice Services
4. Service Provision
5. Service Provision - Children and Young People Service Resources
6. Service Provision - New Orders
7. Information Sharing
8. Dispute Resolution

1. Introduction

This is a formal agreement, it sets out clear objectives and arrangements for the effective agency management of preventing youth crime in Kirklees.

The agreement recognises that the Crime and Disorder Act 1998, in addition to establishing Youth Offending Teams (YOT), places a statutory responsibility on all local authority departments to consider the implications for crime and disorder reduction in their policies and service provision.  Kirklees Children and Young People Service contributes to the Kirklees Crime and Disorder Reduction Strategy as a key partner agency in addition to the corporate responsibility for the delivery of services by the YOT.

2. Aims and Principles

The Children & Young People Service’s (Safeguarding and Specialist Provision) primary duty under the Children Act 1989 is ‘to safeguard and promote the welfare of children in need’ and provide services to them. Children who have committed offences and children ‘looked after’ for whom Children & Young People Service acts as ‘corporate parent’ are clearly defined categories of children in need. In fulfilling its duties Children & Young People Service must always have regard to the paramount principle i.e. that the welfare of the child should always be the primary consideration.

The principle aim of the Youth Justice System, established by Section 37 of the Crime and Disorder Act, is ‘to prevent offending by children and young people’. The YOT is composed of staff from Health, Education, Children & Young People, Police and Probation. Their parent agencies have a legal obligation to commit staff and resources to the YOT.

The purpose of this agreement is to define areas of responsibility concerning service provision, practice arrangements and information sharing in order that common principles of intervention are established and that where different demands exist between the two parties these are properly reconciled. There is a need for both the YOT and Children & Young People Service (Safeguarding and Specialist Provision) to ensure that the service objectives within their key plans support these working agreements. It is recognised that the agreement will need to be reviewed and amended in the light of emerging practice and guidance at both local and national level.

3. Service Provision - Youth Justice Services

Kirklees Youth Offending Team (YOT) is required to co-ordinate the provision of a number of core Youth Justice Services either by providing the services directly or through another local authority department, agency or voluntary organisation. This section defines the respective role of the Children & Young People Service and YOT concerning the provision of core Youth Justice Services.

Particular attention is given to the role of Children and Young People Service in relation to its responsibilities as the lead agency for the Authority’s role as corporate parent.

Appropriate Adult Services under the Police and Criminal Evidence Act 1984 (PACE)

1. The role of Appropriate Adult i.e. attendance at the Police Station for interview where a young person has been arrested for a criminal offence and no parent is in attendance, will be undertaken by the YOT, during their usual operational hours i.e. Monday - Thursday 8.45am - 5.15pm and Friday - 8.45am - 4.45pm. Outside of these hours the service will be provided by the Emergency Duty Service. The ‘Appropriate Adult Service’ is currently provided by the YOT and Emergency Duty Service via a group of volunteers managed by the YOT;
2. The placement of young people in overnight accommodation under PACE (where the Police are unwilling to release the young person on bail) will be the responsibility of whichever agency is fulfilling the Appropriate Adult role. The Safeguarding and Specialist Provision’s Residential and Family Placement Services will accept referrals for PACE accommodation, alongside other emergency referrals and will prioritise admissions accordingly. Remand Foster Carers may be appropriate in some circumstances. In exceptional circumstances, where PACE placements are made in units other than within Kirklees, the Safeguarding and Specialist Provision (in consultation with health and education) will be responsible for the financial cost. All such placements should be discussed and authorised by a Divisional Manager, Safeguarding & Specialist Provision;
3. If an accommodated young person is interviewed under PACE, the YOT will provide an Appropriate Adult unless the Looked After Child’s Social Worker feels it more appropriate for them to provide a worker.

Bail Conditions and Bail Supervision and Support

1. Where a young person is bailed by the Court with a condition to reside as directed by the local authority, the issue of residence must be determined by the local authority rather than the YOT;
2. In such cases the Duty and Assessment Service may need to undertake a Child in Need Assessment. To facilitate this the YOT will provide the most recent Asset Assessment;
3. The YOT provide a Bail Supervision and Support service primarily aimed at reducing the number of young people remanded to care or custody.

Remands to Local Authority Accommodation (RILAA) or Custody RILAA’s are one part of a range of remand services sanctions which also cover Bail Supervision and Support, Court-ordered Secure Remands and Remands to Custody. As part of the overall Remand management process for young people in Kirklees and to facilitate the delivery of the key national and local objectives to reduce the numbers remanded to custody and secure care, it is appropriate for one service to have responsibility for this area. 

The assessment and placement of young offenders remanded by the Court is primarily the responsibility of the YOT. However, this will be a jointly agreed responsibility with Safeguarding and Specialist Provision where the young person is a Looked After Child or was Accommodated immediately prior to the remand episode.

The YOT will:     

1. Plan, supervise and manage all remand placements, other than those of young people who are already looked after;
2. Undertake initial assessments of remanded young people using the Asset assessment tool;
3. Allocate a worker to all remanded young people, who will complete the required documentation and will organise a planning meeting within 5 working days for all remanded young people (see ii) below re looked after children who are remanded);
4. Recording information on Care 1st: If the case is open to Safeguarding and Specialist Provision - inputting data will be their responsibility. If it is a new case the Youth Offending Team will arrange for the data to be inputted;
5. Undertake placement of RILAA's - any funding requirements beyond the remand foster carers will have to be agreed by a Divisional Manager (S&SP). There is no automatic access to other Kirklees residential units. All placements must be discussed and authorised by a YOT Duty Manager. Where access may be required to other provision, this will need to be supported by YOT Duty Manager prior to referral to a Divisional Manager (S&SP);
6. If it becomes apparent during the remand episode that a young person may need to be accommodated after the remand episode has finished, a referral will be made, to the Duty and Assessment Service to undertake an assessment;
7. Arrange all transport to and from court and support at court, as necessary.

Remanded Young People Already Looked After

1. It is recognised that looked after children with a variety of complex social and emotional needs may commit criminal offences. Where the Court determines that a looked after child should be remanded to Local Authority Accommodation or custody, this agreement states that in determining agency responsibility, the LAC status in respect of that young person should prevail. Children and Young People Service therefore, have joint responsibility in such cases for the assessment and placement of the young person during the period of remand. Normally the young person would remain in their existing placement (if not remanded to custody), unless the seriousness of offending indicates otherwise. Responsibility for supervision of the remand aspects of the placement would be with the YOT. Children and Young People Service would retain responsibility for all other aspects of the placement, including LAC documentation and procedures. Where appropriate, the Children and Young People Service may access the YOT Bail Supervision and Support Project in order to provide any additional level of support to the placement, at the discretion of the YOT;
2. The YOT will provide the most recent copy of Asset to carers and the Children and Young People Service Social Worker;
3. Young people who have a Court Ordered Secure Remand imposed are deemed to be an accommodated child. The YOT will be responsible for ensuring that looked after procedures are followed;
4. The exception is as in (1) above where young people already have ‘looked after’ status. In such cases, the Children & Young People Service will continue to have responsibility for complying with the relevant parts of the looked after children procedures, but shared responsibility with the YOT to provide additional support services (such as independent visitor);
5. The placement and transport costs (escorting) incurred as a result of a Court Ordered Secure Remand are met by the Youth Justice Board and the Local Authority. The YOT must forward details promptly to the Children & Young People Service of all those falling within this category.

Unaccompanied Asylum Seekers

The Duty and Assessment Service are responsible for ensuring an age assessment is carried out and legal status determines whether the child becomes Looked After.

Also see Unaccompanied Asylum Seeking Children Procedures.

Reports to Courts

1. The provision of reports to courts in criminal proceedings will be the responsibility of the YOT. Because of the requirement to comply with National Standards for preparation of reports, the detailed knowledge of sentencing options and the application of the Asset (assessment) framework for YOT’s, all reports, including those for looked after children, will be prepared by the YOT;
2. Where reports are prepared on looked after children, close liaison between the YOT and the Children & Young People Service will be a requirement of good practice;
3. If a young person is charged with an offence of a serious violent or sexual nature against a young person under the age of sixteen the YOT will consult with the Duty and Assessment Team regarding whether the matter needs to be dealt with under safeguarding procedures.

Common Assessment Framework (CAF)

YOT staff will follow the agreed Kirklees procedure for the Common Assessment Framework. All YOT operational staff will undertake CAF training at the appropriate level.                       

Detention and Training Orders, Section 90/91 Orders

The supervision of these Orders will be the responsibility of the YOT, including cases where the young person has ‘looked after’ status. A child on a Care Order or Accommodated will continue to be looked after while in custody, the Children and Young People Service social worker will continue to have a duty to undertake visits and follow LAC procedures.

Saturday and Bank Holiday Courts

The YOT will provide a service to the Courts. However, there may be late listings and other unforeseen circumstances that prevent the YOT being in attendance. In such circumstances, this unplanned work will, by necessity, need to be dealt with by Emergency Duty Service.

4. Service Provision

4.1 Looked After Children

In dealing with a looked after children, YOT will relate to the Children and Young People Service in a similar way to other parents and carers. YOT staff will liaise closely with Safeguarding and Specialist Provision in carrying out any of its functions in relation to a looked after child. This will be achieved by the allocated YOT worker and the young person’s social worker providing and exchanging relevant information and agreed actions to reduce the risk of re-offending.

The child/young person’s allocated social worker will be responsible for:

1. Arranging transport to and support at court if necessary;
2. Ensuring attendance of the looked after child under the terms of any orders administered by the YOT;
3. Keeping the YOT informed of any relevant changes in circumstances, e.g. change of address, change of school, any significant changes in the level of risk to or from the looked after children;
4. Providing any material assistance to looked after children to ensure that she/he can comply with the requirements of the YOT intervention e.g. provision of bus fares;
5. Inviting the YOT case-holder to any reviews or planning meetings.

The YOT will:

1. Have responsibility for all criminal orders;
2. Offer regular contact with looked after children as required by National Standards ;
3. Provide a prompt and constructive response to suggestions and comments from Children & Young People Service;
4. Provide a regular flow of information to Children and Young People Service about progress of looked after children. This information will be written and verbal and include as a minimum the provision of periodic reviews and assessments to enable Children and Young People Service to comply with looked after children systems requirements;
5. Invite the Social Worker to reviews and planning meetings;
6. Attending the police station as Appropriate Adult for interviews under PACE;
7. Looked After Children will have access to all YOT Services as appropriate;
   
   N.B. good practice indicates that to avoid duplication a timetable of reviews/planning meetings will be agreed at the earliest opportunity.

4.2 Safeguarding

Under Section 11 of the 2004 Children Act, all agencies have the duty to safeguard and promote the welfare of children. ‘Working Together to Safeguard Children’ (2010) guidance defines safeguarding and promoting welfare as

• Protecting children from maltreatment;
• Preventing impairment of children’s health or development;
• Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care.

It is the responsibility of all YOT staff to work in line with Kirklees Safeguarding Procedures.

Should a YOT officer have grounds for child protection concerns regarding any young person under the age of 18 they will refer their concerns to the Safeguarding and Specialist Provision’s Duty and Assessment Service.

New enquiries will be the responsibility of the Duty and Assessment Service unless the child is looked after or has an allocated Social Worker, and if appropriate will be done jointly with the YOT officer. The YOT will be invited to any subsequent case conference and the YOT will in most circumstances be part of an ensuing core group.

If the child is already looked after or has an allocated Social Worker from either the Care Management Service or the Family Support, Looked After Children and Leaving Care Services the YOT worker will refer their concerns to the allocated worker or in his/her absence the duty worker of the relevant team.

As part of the Asset Assessment all young people are assessed re the risk of harm to other people (ROSH) and the risk of harm to self (Vulnerability). The YOT has its own risk planning procedure for all cases assessed as medium or above. Additionally should the risk of harm to others be sufficiently high, Multi Agency Public Protection Arrangements (MAPPA) will be invoked.

Should there be safeguarding concerns regarding a young person in custody initial responsibility for investigating will be with the safeguarding service local to the establishment.

For concerns which relate to issues external to the secure establishment, Kirklees Safeguarding and Specialist Provision will be informed with a view to determining which service is best placed to continue the enquiries. (For further reference please see HMP Service Order 4950 (Care and Management of Young People), Annex C).

At times the YOT will be working with a young person who ‘though 18 years old is vulnerable due to learning disability. In such circumstances, concerns will be referred to the Adult Learning Disabilities Services, who will assess regarding the need to invoke the vulnerable adults’ procedure.

All YOT staff (including volunteers) will have access to any Child Protection/Safeguarding training organised by or for Children and Young People Service.

5. Service Provision - Children and Young People Service Resources

In the course of the work with children and young people, the YOT may need to access certain Children and Young People services:-

• Child Protection Investigations & Assessments, Youth Offending Team workers will not undertake Child Protection Enquiries. Enquiries and referrals should be made in accordance with Safeguarding procedures. This includes allegations of professional abuse where clear procedures are in place, defining agency responsibility;
• Section 20 Accommodation: if a young person or their parents with whom the YOT is working requests Section 20 Accommodation for welfare reasons, a referral should be made to Children & Young People Service. Prior to referral the YOT will endeavour to access resources to prevent this course of action. If accommodation is still requested, Children & Young People Service will make an assessment and if necessary will be responsible for placing the young person. Once the young person has looked after child status, responsibility for placement and supervision rests with Children & Young People Service with the YOT retaining responsibility for core Youth Justice Services;
• If a young person is likely to be homeless on release from custody a referral will be made by the YOT to the Young Person’s Team at  Housing Options Support Service (HOSS) for assessment under the Children Act (1989). If they are assessed as meeting the criteria of child in need they will be referred to Safeguarding and Specialist Provision Duty and Assessment Team for consideration for accommodation under Section 20 of the Children Act (1989) (Southwark Judgement).

6. Service Provision - New Orders

6.1 Crime and Disorder Act 1998

There are a number of new provisions under the Crime and Disorder Act that relate to the YOT preventing offending by children and young people and focus primarily on the principle of early intervention with children under the age of 10 years before they become subject to formal criminal proceedings.

These new orders supplement the existing welfare provision currently available under the Children Act 1989 and should be seen in that context. Children and Young People Service will decide which power within its widened range it should make use of to address the needs of the individual child concerned.

a.	Children and Young People Service has a key role to play in the area of   early intervention and a number of these new services will be delivered within the Children and Young People Service portfolio of family support services. Specific responsibilities include:-
	i)	A response and assessment in respect of children who breach Child Curfew Orders
	ii)	A response for Child Safety Orders under the terms of the Home Office guidance document. Children and Young People Service will nominate a responsible officer for Child Safety Orders, providing supervision and support of the child and family for the duration of the Order. If Children and Young People Service have concerns about children under the age of 10 offending the YOT will be notified
	iii)	Applications for Parenting Orders in Family Proceedings Courts under the following criteria:- Where a Child Safety Order has been made the Children & Young People Service will nominate a responsible officer.
b.	Parenting Order may also be made under the following criteria:- Sex offender order has been made in respect of a child or young person; A child or young person has been convicted of an offence; Where an anti-social behaviour order has been made. Under these criteria the services required in individual cases will fit more closely within the core Youth Justice Services for children and young people 10 years and over, provided by the YOT. Parenting Orders in these cases will therefore be applied for by the YOT and the responsible officer will be a member of the YOT. In all proposals/applications for Parenting Orders consultation between the YOT and Children and Young People Service is essential prior to the making of an Order. Access to other agency services and the voluntary sector may be appropriate in certain cases. In all cases it is seen as preferable to work with parents on a voluntary basis rather than through the imposition of a Parenting Order.  The respective responsible officer within YOT or Children & Young People Service will be responsible for initiation of breach proceedings where appropriate.
c.	Anti-Social Behaviour Orders The Children and Young People Service is now represented at the ASBO meetings and will take referrals as required by the group.

6.2 Criminal Justice and Immigration Act 2008 (CJIA)

The CJIA has rationalised the framework for the sentencing of all youths. Since 30th November 2009 the numerous Community Orders (Supervision Order, Attendance Centre Order, Action Plan Order etc.) have been replaced by the Youth Rehabilitation Order (YRO). The Youth Offending Team retains responsibility for the management of the YRO under new National Standards.

There are up to 17 requirements that a court can attach to a YRO (an 18th requirement - Intensive Fostering is not available in Kirklees). All the requirements are designed to address the risk of a young person offending.

One such is A YRO with a Local Authority Residence requirement. This stipulates that the young person must reside in accommodation provided by or on behalf of the local authority specified in the Order. This requirement is for a maximum of 6 months and cannot last beyond a young persons 18th birthday. Before imposing this requirement the Court must consult with the Local Authority  to determine the suitability and availability of any placement. If the Court is considering the imposition of an LA Residence Requirement the YOT Court Officer will request that the case is adjourned for a Pre–Sentence Report. The YOT report author will not make a recommendation for a Local Authority Residence Requirement without first consulting with a YOT Operations Manager and then seeking the approval of the Divisional Manager (Fieldwork Services) or equivalent acting on behalf of the Registered Provider .

7. Information Sharing

Effective joint agency practice will depend to a large extent on the sharing and availability of information between agencies. Section 115 of the Crime and Disorder Act enables agencies and individuals to disclose information where that disclosure is necessary or expedient for the purposes of enabling the YOT to discharge its primary functions.

The Children and Families Service and YOT will provide each other with information relevant to the assessment planning and review processes in individual cases.

In addition, each party will provide the other with a range of aggregated information. This would cover at least:

• The number of looked after children and their distribution within Kirklees;
• The number or type of offences committed by looked after children;
• Age, gender and ethnic data in respect of looked after children;
• Types of court orders and other interventions in respect of looked after children and the effectiveness of these interventions and orders.

8. Dispute Resolution

The above agreement is designed to provide the framework for a constructive relationship and reduce the areas of uncertainty between the Children and Young People Service (Safeguarding and Specialist Provision) and the Youth Offending Team. It should, therefore, reduce the scope for conflict. In the event that there is a dispute between the parties, the principle is that this should be resolved at the level closest to the area of dispute i.e. between operational staff and operational managers. In the event it cannot be resolved at that level it should progress to Divisional and YOT Manager.

End