BROMLEY YOUTH OFFENDING TEAM

RISK MANAGEMENT POLICY

1. INTRODUCTION

1.1 This risk management policy is written within the context of Bromley’s Youth Offending Team (YOT) commitment to safeguarding children and young people, protecting the public from harm and reducing the likelihood of re-offending. It takes into account, and does not override, current legislation, external guidance and procedures including:-

Her Majesty’s Inspectorate of Probation Core Case Inspection criteria (2009)

  • Youth Justice Board’s (YJB) Guidance to Serious Incidents (2008)
  • YJB Release and Recall (2007),
  • YJB Case Management Guidance (2009)
  • YJB National Standards (2004, 2010)
  • Home Office Guidance on Multi Agency Protection Panel Arrangements (Revised 2006)
  • London YOS and Probation Case Transfer Protocol (in draft Mar 2010)

1.2 The majority of children and young people engaged with the YOT do not present a significant risk to the public, professional staff and volunteers, or to themselves. For the very small majority who do present concerns, clear and focused assessments will indicate the appropriate level required to manage the assessed risk. This policy applies to all young people engaged with the YOT and Youth Inclusion Support Programme (YISP).

1.3 Whilst this policy is specifically related to the risk management of young people, any member of staff working closely with a parent/carer must consider what, if any, risks they pose in the context of that work. As part of their assessment, the member if staff must liaise with relevant services to determine what, if any, risks are apparent. A line manager must be informed so that a risk management plan can be agreed by all those involved if it is outside the core case work responsibilities of the court and community team.

1.4 The aim of the policy is to ensure that all young people working with the YOT (whether subject to an early intervention programme, community, custodial or post custodial sentence)and the staff supporting them are clear about the processes and expectations relating to risk management. The policy aims to promote effective and consistent practice with regard to the management of risk of harm and dangerousness that a young person presents to:-

  • self
  • another person
  • community
  • professional staff
  • volunteers
  • the likelihood of re-offending

2. SAFEGUARDING

2.1 This policy does not override professional observance and response tosafeguarding and child protection legislation and guidance. The complexities of multi-agency working are such that young people who present risk must also be safeguarded, as this is a vital part of their risk management. The YOT has a dual responsibility in managing risk young people pose to others but with equal emphasis on the risk they pose to themselves, the latter element in partnership with Children’s Social Care[1].

3. EQUALITY IMPACT ASSESSMENT

3.1 This policy takes into account the Council’s commitment to Equality Impact Assessments. The YOT diversity statement (below) is a mandatory requirement in planning a young person’s intervention and must be recorded on the Youth Offending Information System (YOIS).

3.2 This intervention plan takes account ofXXXliteracy and numeracy skills, their cultural and socio-economic circumstances, ethnicity, religion, gender, physical disability and sexuality. All efforts have been made to make it proportionate to their risk and other influential factors. This will be achieved during individual sessions and other interventions with XXX.

4.DEFINITIONS

4.1 YJB guidance for producing a risk assessment policy recommends that the difference between legislation, policy, procedures and guidance is stated.

Legislation

An external directive that places specific requirements on organisations and service that must be met in order for it to be legally compliant.

Regulations

Regulations are formal requirements that an organisation must follow, they can be either internally or externally generated, monitored and enforced.

Guidance

A set of recommendations or suggestions that originate internally or externally.

Policies

Specific requirements that services/employees must adhere to, it is a statement of what must be done. Policy is typically internally developed documentation but may be put in place to meet an external requirement, regulation, or legislation.

Procedures

Procedures are generally put in place to show how to meet a policy,they are more detailed than policy statements and usually developed internally.

5. POLICY STATEMENT

5.1 Bromley YOT seeks to identify all risks posed any young person involved with the service and reduce the potential for serious physical or psychological harm to self and/or others. The YOT is committed to assessing, in every case, risk and determining designated a risk status. Risk management is the collective responsibility of the service and members of staff should not feel isolated in the risk management process. Any member of staff has the right to initiate risk management procedures if they have concerns about an individual. Thispolicy relies on a positive working relationship with partner agencies with regards to information sharing about risk.

N.B For the purpose of this policy a manager includes operational managers, YOT Manager and Head of Service, unless specified otherwise.

5.2 In a nutshell…..

This policy must be considered alongside inspection criteria, national guidance standards set by the YJB and internal procedures. Risk is everyone’s responsibility. All managers, front line and business support staff need to think about the risk some young people may pose to the community and the workforce when assessing either actual or perceived risk.Young people who present a risk must also be safeguarded in their own right.

6. RELEVANT LEGISLATION

6.1 Working with young people in the criminal justice system must not be undertaken in isolation of safeguarding and child protection legislation, this ensures that the balance between managing the risks a young person may pose are considered alongside their welfare needs and the risks that others may pose to them. This policy should be applied with full consideration given to the London Child Protection Procedures. There is a range of legislation that responds to different aspects of risk and the management and safeguarding of young people in the criminal justice system.

6.2 Children Act 1989

The Act introduced the ‘paramouncy principle’ in that every action should be within the best interests of the child. The Act sets out the statutory framework for working with children and families when intervention of the state is required and commentates on the issue of best interests versus just desserts.

6.3 Sex Offenders Act 1997

Part I of the Act imposes a requirement on certain sex offenders to notify the police of their name(s) and address and any changes to these details in order to ensure that the information on sex offenders contained within the police national computer is kept fully up to date.

6.4 Crime and Disorder Act 1998

The Act introduced responsibilities and accountabilities for local authorities, police, probation, health and children’s services in relation to preventing and reducing offending by young people. In addition it introduced new powers and initiatives for dealing with offences committed by young people.

6.5 Youth Justice and Criminal Evidence Act 1999

Part 1 of the Act introduced the Referral Order as a community sentence for young people with emphasis on restorative justice for victims of crime, reintegration into the community and young people taking responsibility for the consequences of their behaviour.

6.6 Powers of Criminal Court Sentencing Act 2000

The Act introduced the issue of ‘proportionality’ and that sentencing should reflect the seriousness of the offence that has been committed. Sentences for young people under Section 90 and 91 of the Act created Indeterminate and Determinate Sentences as follows:-

6.7 Section 90

Any young person convicted of murder is sentenced under section 90.

6.8 Section 91

Equivalent to a discretionary life sentence, the indeterminate Section 91 sentence is for young people convicted of an offence other than murder for which a life sentence may be passed on an adult (14 years or more), where the court considers on the basis of the risk presented by the young person anextended sentence would be inadequate to protect the public. The court shall, if appropriate,sentence a young person to detention for life.

6.9 Determinate sentences

Section 91

The court may impose a determinate custodial sentence under section 91 for:-

  • serious, non-specified offences where the maximum sentence as an adult is 14 years or more
  • specified offences where the young person is not determined dangerous

6.10 Criminal Justice and Court Services Act 2000

The Act placed a statutory requirement for the police and probation service to work together in making arrangements for the assessment and management of risks posed by violent and sexual offenders and other persons who may cause serious harm to the public. This is reflected in local Multi Agency Public Protection Arrangements (MAPPA).

6.11 Criminal Justice Act 2003

This Act introduced the notion of ‘dangerousness’ when the court has to consider Indeterminate Sentences of Imprisonment for public protection. If the Court is of the opinion that that there is a ‘significant risk’ to members of the public of serious harm occasioned by the commission of further specified offences.

6.12 Significant riskis not defined in the legislation and will be for the court to assess in each case. In the case of R v Lang [2005] EWCA Crim 2864, the Court of Appeal held that significant means noteworthy, of considerable amount or importance. Risk must be to members of the public. This is widely construed and can include the offender, particular groups of members of the public such as co-habitees or abused children, and individuals.

Serious harm" means death or serious personal injury, whether physical or psychological

6.13 Where offences are serious specified offences, the fact that they have been deemed to be serious offences for Schedule 15 purposes does not mean that there is automatically a risk of serious harm.

6.14 Section 226 created the sentence of ‘detention for public protection’ imposed if the court decides that on the basis of the risk presented by the young person an extended sentence would be inadequate to protect the public.

6.15 Section 228 allows for specified offences where the young person is assessed as dangerous the court must impose an extended sentence for public protection. The extension applies to the licence period and does not affect the length of the custodial term.

6.16 If a young person is assessed as being dangerous s/he will be sentenced under Section 226 or 228 which will allow for the sentence to be extended either for a set period (determinately) or indefinitely (indeterminately).

6.17 If an offender aged under 18 is convicted of a serious specified offence for which an adult can be sentenced to life imprisonment (s.91 Powers of Criminal Courts(Sentencing)Act 2000), and he is dangerous in the opinion of the court and the seriousness of the offence, or one or more offences associated with it justifies a sentence of detention for life, the court MUST impose a sentence of custody for life (s.226(2) CJA 2003).

6.18 Where an offender aged under 18 is convicted of a serious specified offence not carrying a maximum life sentence, or one that is punishable with life, but life was not justified by the seriousness of the offence, and he is dangerous in the opinion of the court, he MAY be sentenced to an indeterminate sentence of detention in a young offenders institution for public protection IF the notional minimum term is at least 2 years- (s.226(3) CJA 2003, as amended by s 14 CJIA 2008.) He may also be sentenced to any other sentence the court has power to impose, which includes an extended sentence.

6.19 Children Act 2004

The Act ensures that all agencies work together to safeguard young people, whether they are in the community or in the secure estate and promote the five outcomes in ‘Every Child Matters’. The Act introduced the requirement for each local authority to establish a Children’s Trust to secure strategic co-operation and implementation of local safeguarding arrangements.

6.20 Criminal Justice and Immigration Act 2008

The Act introduced the Youth Conditioning Caution and the Youth Rehabilitation Order.

In a nutshell……

There is a range of legislation that responds to both welfare and criminal justice options for young people. Criminal legislation sets out sentencing options for young people and legislation dictates a definition of ‘dangerousness’, determinate and indeterminate sentences.

7. INFORMATION SHARING

7.1 Proper consideration must always be given to issues of confidentiality to ensure that young people are protected by the sharing of information. All information sharing in relation to the risk management of young people in the YOT must give due regard to the Data Protection 1998, Human Rights Act 1998, the London Child Protection procedures and local protocols. Islington’s Children’s Services overarching information sharing protocol[2] which sets out the parameters in which information can be shared in accordance with statutory legislation, of which safeguarding, child protection, risk management and preventing crime and disorder are legitimate reasons. Section 115, Crime and Disorder Act 1998 promotes partnership working and enables any person to disclose information for legitimate activity. The YOT will share, through the MAPPA (see para below) process, information on young people who pose a risk to the local community.

8. DEFINITION OF RISK MANAGEMENT

8.1 Within the context of this policy risk management is the process of defining and analysing risks and then deciding on the appropriate action to minimise those risks. Risk management considers the analysis of information and behaviours, it is a continual process requiring regular reviewing, especially when there is a significant change of circumstances. The extent of risk management activity for each young person will vary dependent on a range of factors, some of which will be strongly evidenced, others less so. For the purpose of this policy risk is:-

  • the likelihood of an event occurring that leads to serious harm to the public/ children/ professionals /volunteers or young person and serious harm is
  • a risk which is life threatening and/or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult, incomplete or impossible. The potential event could happen at any time and the impact would be serious.

9. RISK ASSESSMENT PROCEDURES IN THE YOUTH OFFENDING TEAM

9.1 Assessing risk can be very difficult when people have a number of different risk factors in their lives, the identification of risk that a child might be abused by its parents requires different knowledge from the estimation of risk that people with mental illness will harm themselves or others. Predicting risk is inherently problematic as it involves making a judgement about the likely future outcomes.

9.2 The implementation of the YJB’s Scaled Approach in November 2009 to coincide with the Criminal Justice and Immigration Act 2008 aims to ensure that interventions are tailored to the individual, based on an assessment of their risks and needs. The Scaled Approach enables youth justice services to direct time and resources to young people in accordance with their risk assessment. The Scaled Approach sets out three levels of intervention as ‘Standard’, ‘Enhanced’ or ‘Intensive’ relative to the assessed risk.

9.3 ASSET (including ASSET core profile, bail profile or final warning profile) and ONSET considers factors contributing to a placing a young person at risk of offending (ONSET) or likelihood of re-offending (ASSET) and is the primary tool in assessing likelihood of re-offending and, risk of serious harm and vulnerability factors. ASSET must inform all court reports and as such must be completed prior to the report. ASSET should be reviewedat least every three months[3] or sooner if a significant event occurs in the young person’s life, this includes when a young person is released from custody. An ASSET must be completed within five working days of a young person’s first contact with the YOS or ten working days for Final Warnings.

9.4 Both ASSET and ONSET require that information is obtained from all known agencies that the child/young person is known to be in contact, in addition it should evidence that the young person and their parent(s)/carer(s) has had the opportunity to contribute. The ‘What do YOU think?’ ASSET and the ‘Over to YOU’ ONSET are an important contributor the overall assessment of risk as it invites the young person to disclose their perspective on their attitudes, motivation and behaviour. This risk policy expects that the ‘What do YOU think?’ and ‘Over to YOU’ will be completed as a mandatory requirement (subject to the young person’s co-operation) to inform risk assessments.

9.5 For the purpose of this policy the following ASSET/ONSET definitions of risk will apply:-

9.6 Low Risk- no current indicators at present of a risk of serious harm to others

9.7 Medium Risk- some risk of serious harm identified, but the young person isunlikely to cause serious harm unless there is a change in circumstances. These can usually be addressed through the supervision process.