Identification by YOTs

The MAPPA Co-ordinator does not have routine access to case records of MAPPA eligible offenders held by Youth Offending Teams (YOTs).It is, therefore, important that YOTs in West Yorkshire have systems in place to identify all relevant MAPPA offenders on their case recording systems. They will need to be able to supply relevant information, including the provision of statistical information as required.

Relevant offenders for YOTs are MAPPA eligible offenders who:

  • Are subject to statutory supervision in the community by YOTs; or
  • Will be subject to statutory supervision in the community by YOTs, once released, and their release date is within the next 6 months.

Category 1 Offenders: Registered Sexual Offenders (RSOs)

This Category includes offenders required to comply with the notification requirements (often referred to as registration requirements) set out in Part 2 of the Sexual Offences Act (2003). These offenders are often referred to as being on the ‘Sexual Offenders’ Register’. A person convicted of, cautioned for, or found to be under a disability and to have done the act charged or found not guilty by reason of insanity for an offence listed in Schedule 3 to the

Sexual Offences Act (2003) will become subject to the notification requirements of Part 2 of that Act.

Category 2 Offenders: Violent and Other Sexual Offenders

The legislation is considerably more complex than this broad title suggests and “other sexual offenders” in particular has been subject to widespread misinterpretation. It is important to note that a conviction for an offence specified in schedule 15 to the Criminal Justice Act (2003) does not make the offender subject to MAPPA unless they receive one of the sentences listed below at A. in respect of that conviction.

To clarify, it is the following offenders who should be included in Category 2:

A. Those convicted of a relevant offence (murder or any of the offences in schedule 15 to the Criminal Justice Act (2003)) who receive the following sentences:

(i)Imprisonment for a term of 12 months or more (please note that this includes a sentence of an indeterminate term and cases where the sentence is suspended);

(ii)Detention in a Young Offender institution for a term of 12 months or more;

(iii)Detention during Her Majesty’s pleasure;

(iv)Detention for public protection under section 226 Criminal Justice Act (2003) (regardless of tariff);

(v)Detention for a period of 12 months or more under section 91 of the Powers of Criminal Courts (Sentencing) Act (2000) (offenders aged under 18 convicted of certain serious offences);

(vi)Detention under section 228 Criminal Justice Act (2003);

(vii)A detention and training order for a term of 12 months or more (regardless of the length of the custodial element); or

(viii)A hospital order (with or without restrictions) or guardianship order.

B. Those found not guilty of a relevant offence by reason of insanity or to be under a disability (unfit to stand trial) and to have done the act charged who receive a hospital order (with or without restrictions).

C. Those subject to a Disqualification Order (DO) imposed under sections 28-29A of the Criminal Justice and Court Services Act (2000). The order disqualifies the offender from working with children and may be used in a case where the court is sentencing for any of the sexual and violent offences set out in schedule 4 to the 2000 Act, plus the offence of supplying class A drugs to a child or on application by the CPS in cases where the DO could have been considered but was not. A DO lasts for life unless revoked by the Care Standards Tribunal. As a result, there will be a number of offenders moving from Category 1 to Category 2 as their sexual offender registration expires.

Category 3 Offenders: Other Dangerous Offenders

This category is comprised of offenders, not in either Category 1 or 2 but who are considered by the RA to pose a risk of serious harm to the public which requires active inter-agency management. It could also include those offenders on a community order who are, therefore, under the supervision of the Probation Service.

To register a Category 3 offender, the RA must:

  1. Establish that the person has committed an offence which indicates that they are capable of causing serious harm to the public; and
  1. Reasonably consider that the offender may cause serious harm to the public which requires a multi-agency approach at level 2 or 3 to manage the risks.

The person must have been convicted of an offence, or have received a formal caution or reprimand/warning (young offenders). The offence may have been committed in any geographical location, which means that offenders convicted abroad could qualify.

Statistical Return to the MAPPA Co-ordinator

The RA is required to report the total number of MAPPA eligible offenders in the community and should be able to provide a monthly figure. This means that each of those with statutory supervision/care responsibilities must report a monthly figure to the relevant MAPPA Co-ordinator. These figures do not require identifiable data to be supplied, i.e. it is a statistical return only. Many offenders will be supervised by more that one agency. To avoid double counting, agencies should report as follows:

  • Police – Category 1 offenders managed at level 1;
  • Probation – Category 2 offenders subject to Probation Service supervision at MAPPA level 1;
  • YOTs – Category 2 offenders subject to supervision by Youth Offending Teams at MAPPA level 1; and
  • Mental Health service – Category 2 offenders conditionally discharged on restricted hospital orders and managed at level 1.

Children and Young People

Introduction

Where a child or young person is convicted of serious sexual and/or violent offence (as described in Schedule 15 Criminal Justice Act (2003)), they will be a MAPPA eligible offender (Section 325 Criminal Justice Act (2003)). A critical factor to be remembered is that whilst these children and young people have committed serious offences and their sentence defines them as a MAPPA eligible offender, the law also requires their needs as a child to be considered. Therefore, all statutory agencies that have a responsibility for children and young people must take this into account and ensure that their needs are being met.

Under the Children Act (2004), the police, Prison and Probation Services, as well as Youth Offending Teams, have a statutory duty to make arrangements for ensuring that, ’their functions are discharged having regard to the need to safeguard and promote the welfare of children’.

Whenever a child or young person is being discussed at a MAPP meeting, the meeting must ensure that it considers its responsibilities to safeguard and promote the welfare of children as well as the risk of harm the young offender presents to others. Children’s Services should always be represented at MAPP meetings.

Where a child has been identified as a child in need and/or has been looked after by the Local Authority, it is essential that the Local Authority is properly represented at the MAPP meeting and is able to demonstrate that it is fully meeting its obligations to meet the needs of the child.

Given these duties, MAPPA needs to take a different approach when managing children and young people. When identifying the risk of potential harm to others that the child or young person poses, any risks to the child or young person must also be taken into account. Children must not be treated by MAPPA as a ‘mini-adult’, and should not be managed using the same risk assessment tools or management processes.

MAPPA Referrals

The YOT will complete an internal screening process which will assess the level of MAPPA management that is required for each individual case taking into account the needs of the child or young person as well as the potential risk of harm they present to others.

Each case should be managed at the level necessary to provide an effective Risk Management Plan which balances public protection with the rights and needs of the child or young person. As the YOT is a multi-agency unit, it is likely that the team will be able to manage the majority of its MAPPA eligible cases at level 1 – ordinary agency management.

Where the YOT case worker believes that this is a case which requires active multi-agency management at MAPPA level 2 or 3, they will complete the MAPP meeting referral form this will be endorsed by their manager and sent to the MAPPA Co-ordinator. The referral must include information as to why the case would benefit from active multi-agency management beyond that which the YOT can offer. It could be that the nature of the case means that it will attract local and/or national media attention or that there is a need for additional multi agency resources to manage the potential risks of harm.

This referral will be reviewed by the MAPPA Co-ordinator and, where the case meets the agreed threshold, which takes into account the needs of the young person as well as the risk of harm they present, a level 2 or 3 MAPP meeting will be arranged. If the young person is in custody, this referral should take place six months prior to their release date to allow effective Risk Management Plans to be put in place.

The YOT case manager will update the case management record to indicate that a MAPPA referral for level 2 or 3 management has been made and the outcome of that referral.

A YOT cannot identify a case as requiring management at MAPPA level 2 or 3 and then decide that because they are a multi-agency team, they do not have to make a referral to the MAPPA Co-ordinator as they believe they can manage the case themselves as a MAPPA level 2 or 3 case.

Whenever a referral relating to a child or young person is made by any agency other than the YOT, the YOT must be invited to the meeting as they may well have information relating to the case.

Updating ViSOR

Category 1 (Registered Sexual Offenders) – All Category 1 offenders will have a ViSOR record and a nominated police officer who is the owner of the record. The YOT case worker must contact the police Public Protection Unit to inform them that they are involved in the case, provide their contact details and obtain details of the police officer responsible for managing the record. The expectation is that the YOT and the police will work closely together to manage the case, with each informing the other of any significant changes/developments. This will allow the police to keep the ViSOR record updated. Where the case is managed at level 2 or 3, the MAPP meeting will also identify new information which should be entered on to ViSOR.

Category 2 (Violent Offenders) – the YOT must ensure that the MAPPA Co-ordinator is kept informed of significant changes and events, for example, date of release from custody and date of expiry of supervision. Where the case is managed at level 2 or 3, the MAPP meeting will identify new information which should be entered on to ViSOR.

Category 3 (Other Dangerous Offenders) – the MAPP meeting will identify which new information should be entered on to ViSOR, for example, updating risk assessments, change of personal circumstances, arrests and other intelligence pertinent to the effective MAPPA management of the case.

Information Sharing

The sharing of information must have lawful authority, be necessary, be proportionate and be done in a manner which ensures the safety and security of the information shared.Guidance from the Youth Justice Board requires YOTs to record the following on the case record:

  • When information was provided;
  • What the information was provided;
  • With whom the information was shared; and
  • The purpose of sharing it.

Formal and consistent protocols must be established between YOTs and MAPPA agencies which ensure that:

  • Confidentiality and security are emphasised;
  • There is an agreement that information will be confidentially stored;
  • Those accountable for the flow of information are identified; and
  • It is clear how and under what circumstances that information may be used.

Management at MAPPA level 2 or 3

The MAPP meeting should ensure that the YOT case worker attends to provide details of the case. Where the YOT case worker (or, in their absence, their line manager) fails to attend the meeting, then it must be postponed.

A YOT manager, of sufficient seniority to be able to act as consultant to the MAPP meeting Chair, should also be present at all meetings to ensure that the additional factors (that it is a child or young person who is being discussed) are properly and fully addressed. This should also assist in identifying potential additional resources which are required. If, as part of the MAPPA RMP, licence conditions are discussed, it is essential that any additional licence conditions proposed are proportionate to the level of risk identified.

The YOT manager is not there to represent the Local Authority; this task should be undertaken by a different person. Whenever a child or young person is being discussed at a MAPP meeting, a representative of Children’s Services must also be present to ensure that decisions take into account the child or young person’s needs.

Disclosure

All the factors relating to disclosure of information apply to children and young people. There is, however, an additional factor; that of harm to the child or young person, which could occur due to disclosure taking place.

For example, when a young person who has committed a sexual offence is still of school age, consideration of whether information will be disclosed and if it should be, how it will be disclosed must take into account the needs of the child or young person to continue with their education whilst ensuring that others are protected. This type of issue will always need careful consideration and, after any initial disclosure to the education services and/or the Head teacher, a discussion should take place as to who additionally needs to know and how the risks can be effectively managed.

In order to ensure that the proper considerations have been taken into account, no decision regarding whether or not disclosure should take place can be made unless a senior representative of both the YOT and Children’s Services are present at the MAPP Meeting.

Local Safeguarding Children Boards

Given the nature of needs that a young person may have, it is perfectly possible that a young person will be referred to a MAPP meeting and to a LSCB meeting as each has a separate and distinctive purpose. What is important is that each meeting is aware that the young person is being discussed in each forum.

The YOT case worker will play a pivotal role in ensuring that there is no duplication of effort and that actions from one meeting do not conflict with actions from the other as this will undermine their effectiveness.

Due to the evolving nature of third party disclosure of MAPPA offender details, it is advised that the LSCB is made aware of the cases where disclosure is made on an offender aged under 18 years and that local monitoring of such cases takes place.

Disclosure

Introduction

This section deals with the subject of disclosure:

  • Disclosing information to individuals/agencies in respect of a specific offender under the MAPP arrangements as part of a Risk Management Plan;
  • Dealing with requests for disclosure of MAPP meeting minutes from individuals/agencies.

Disclosure, for the purposes of this section, is the sharing of specific information about a MAPPA offender with a third party for the purpose of protecting the public. The third party could be a member of the public, such as an employer or family member or a person acting in a professional capacity but not party to the MAPP arrangements i.e. not a member of the Responsible Authority (RA) or Duty to Co-operate (DTC) agencies, such as a third sector volunteer or worker.

It could also refer to the wider network of staff employed in the RA or DTC but not directly involved in the risk assessment/management and the MAPP meetings. For example, Children’s Services attend the MAPP meeting and share information to inform the risk assessment and Risk Management Plan. A decision of the MAPP meeting is that information should be shared with the Head teacher regarding the risk an offender poses to a child/children at their school. This is disclosure.

Disclosure to any third party will be the exception to a general rule of confidentiality. Any disclosure must be part of an overall plan for managing the risk posed by an offender.

Where an agency representative from a RA or DTC agency attends a level 2 or 3 MAPP meeting and hears information at that meeting which they believe should be more broadly shared within their organisation, they must:

  • Identify this at the meeting and ensure that the meeting supports their view and that this is included as an action in the MAPPA RMP (see example outlined above); or
  • Where this view is reached after the MAPP meeting, contact the MAPP meeting Chair to seek their permission to do this. They will need to explain whom it is they wish to share the information with and the reason why this is necessary.

Where the decision is taken outside the meeting by the MAPP meeting Chair, the request and the outcome of the decision must be recorded on ViSOR and disclosed at the review meeting.