5.5 Protocol for Joint Work between the Youth Offending Service and Children's Social Care

SCOPE OF THIS CHAPTER

"The support and protection of children cannot be achieved by a single agency....Every Service has to play its part. All staff must have placed upon them the clear expectation that their primary responsibility is to the child and his or her family."

Lord Laming in the Victoria Climbié Inquiry Report, paragraphs 17.92 and 17.93.

This revised protocol gives guidance towards the interface arrangements between Specialist Services and the Youth Offending Service (YOS) where young people are known to both services, or when a child or young person's legal child care status changes within youth justice proceedings.

The Lambeth Safeguarding Children Board and the YOS Management Board expects all staff working within CYPS and the YOS to implement this Protocol and ensure that all relevant staff are aware of it and how to use it.

The protocol will also cover those instances when a young person is known to only one service and that a particular service requires assistance and/or guidance.

This protocol informs and supports the relevant service guidance and procedures including the National Standards for Youth Justice Service, the London Youth Offending Teams Pan London Protocol, the London Child Protection Procedures and the Lambeth Children and Young People's Service Procedures Manual.

1.	Context
2.	Aims
3.	Principles
4.	Responsibilities: Youth Offending Service
5.	Responsibilities: Specialist Services
6.	Information Sharing
7.	Referral Process
Remands to LA Accommodation:
8.	Without a Security Requirement
9.	With a Security Requirement
10.	Bail Support Programmes
11.	Electronic Tagging
12.	Preparation of Pre Sentence Reports (PSR)
13.	Intensive Fostering (as part of a Youth Rehabilitation Order (YRO))
14.	Local Authority Residence Order (as part of a Youth Rehabilitation Order)
15.	Preparation of Stand Down Reports
16.	Young People Serving Custodial Sentences
17.	Sexual Offences and Sexual Offenders
18.	Appropriate Adults
19.	Conflict Resolution and Escalation
20.	Key Contacts
21.	References

1. Context

This joint revised protocol is in response to the MAPPA (Multi-Agency Public Protection Arrangements) Secure Case Review for Child F in 2009 where one of the recommendations was for Lambeth Children and Young People's Service to develop a protocol to improve effective communication and working together between Lambeth YOS and Specialist Services and which sets out to meet the requirements set out in the Crime and Disorder Act 1998, the Children Act 2004 (s11)[1] and the five outcomes outlined in Every Child Matters, 2005 and to ensure their functions are discharged with regard to the need to safeguard and promote the welfare of children.

Research and local experience have shown the importance of the YOS and Specialist Services working together to meet the needs of vulnerable young people and reduce the risk of harm to others and risk taking behaviour.

Both services have a duty to share information that will ensure the safety and well being of a young person, their family and the community and which will be shared in line with the Data Protection Act 1998.

This protocol has been reviewed, clarified and agreed by representatives from both services with an aim to enhance the joint working practices between services and thus improve the outcomes for children and young people in the London Borough of Lambeth.

[1] Section 11 of the Children Act 2004 places a duty on key people and bodies to make arrangements to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. The application of this duty will vary according to the nature of each agency and its functions. The key people and bodies that are covered by the duty are: local authorities, the police, the probation service, Connexions Youth Offending Services, Governors/ Directors of Prisons and Young Offender Institutions and Directors of Secure Training Centres.

2. Aims

2.1	To ensure that Specialist Services and the YOS make arrangements and promote cooperation and collaborative decision making between services to improve the well-being of children and young people.
2.2	To ensure that Specialist Services and the YOS make arrangements to safeguard and promote the welfare of children and young people.
2.3	To ensure the provision of joint assessments, case planning and co-ordinated services to children, young people and families known to both Specialist Services and the YOS.
2.4	To ensure that if a YOS officer has concerns (see Social Care Thresholds Procedure) about a child's welfare that the correct procedures are followed and that referrals made to Specialist Services are made in a timely fashion, that all referrals are followed up in writing within 48 hours and that Specialist Services acknowledge receipt of referral and decide next course of action within one working day (see London CP Procedures, Section 6.10 of the Quick Referral Flowchart). The YOS should be informed of the course of action to be undertaken by Specialist Services. If Specialist Services make a referral to YOS then there should also be a timely response from YOS to Specialist Services.
2.5	To ensure that the Safeguarding Child Protection YOS Link Officer and Designated Safeguarding representative are included in all relevant correspondence, communication and meetings.

3. Principles

3.1	It is of paramount importance that both agencies work together to support young people and their families, minimising risk factors that may be causing concern.
3.2	A multi-agency approach to assessment and service provision is in the best interests of children and their parent and/or carers and the public. It is important to ensure that both the YOS and Specialist Services work towards a principle of avoiding duplication of work through effective and timely communication and through better understanding of each others roles and remits.
3.3	Risk is reduced when information is shared effectively across agencies and through effective multi-agency and multi-disciplinary working.
3.4	Proper consideration must always be given to issues of confidentiality to ensure that children and young people are protected by the sharing of information in accordance with the requirements of the London Child Protection Procedures Lambeth's Children and Young People's Service Procedures Manual Section 1.1.1 Values and Procedures section 5: Confidentiality Values and Principles. The main sources of relevant law with respect to information sharing and confidentiality in child protection are: Common law; European Convention on Human Rights 1998; Criminal Justice and Court Services Act 2000; Children Act 1989 and 2004; Care Planning, Placement and Case Review Regulations 2010.
3.5	It is essential for both services from the outset to accurately record the names, dates of birth, addresses, legal status of both family and youth justice proceedings and any involvement of other agencies and areas of concern for all children in families known to them.
3.6	It is recognised that there will be professional differences of view at times in the joint working relationship, due to the differing main drivers deriving from legislation and guidance of the two agencies. We need to work together to maintain the balance between 'care and control' and where possible understand that these two drivers are not contradictory.

4. Responsibilities: Youth Offending Service

4.1	The duties of the YOS are to co-ordinate the provision of youth justice services for all those in the local authority's area who need them, and to carry out other duties under the Crime and Disorder Act 1998 and as agreed under Section 2.18, The secure estate for children and 17 of the London Child Protection Procedures 2010.
4.2	The YOS will have a nominated senior member of staff as safeguarding advisor although ultimate accountability for this work lies with the YOS Head of Service, in order to fulfil their obligations to safeguard children and promote their welfare under Section 2.18, The secure estate for children.
4.3	The YOS will train all officers to an appropriate level to ensure they are able to carry out their safeguarding responsibilities, including the identification and management of child protection concerns as agreed under Section 2.18, The secure estate for children and 21 of the London Child Protection Procedures, 2010. (See also London Borough of Lambeth Specialist Services Thresholds August 2010).
4.4	The YOS will ensure that with every assessment, and prior to referring to Specialist Services, the YOS Officer will make the required checks on Framework and with Special Educational Needs (SEN) to ascertain if the young person is known to those service areas and, if applicable, who the allocated social worker and independent reviewing officer is for this young person. This includes checks regarding whether a Common Assessment Framework (CAF) has recently been completed and whether a Lead Professional has been appointed. (See Youth Justice Board National Standards for Youth Justice Services: National Standards 4).
4.5	Where a child is known to Specialist Services the YOS will inform Specialist Services of the outcome of any court hearings and adjournment dates within 24 hours.
4.6	For a young person known to Specialist Services the YOS will inform Specialist Services within 24 hours when a young person moves permanently out of Lambeth and when a case has been transferred and/or is to be care taken by another YOS.
4.7	The YOS will invite and Specialist Services will seek to attend any initial planning/early release application /final review meetings or any relevant and appropriate discussions regarding YOS and Children's Specialist Services clients. If a Specialist Services representative is unable to attend a report must be supplied prior to the meeting/discussion.
4.8	Prior to a young person being released YOS will determine whether to refer to Specialist Services. If the young person is known (child looked after) then YOS will make the referral six weeks before the young person is due to be released. If the child is not known and family options have been ruled out then a child in need referral will be made to Specialist Services and for the assessment to be completed within 3 weeks
4.9	The YOS will refer all child protection or child in need concerns (See London Borough of Lambeth Specialist Services Thresholds August 2010) to Specialist Services Referral and Assessment team (if not known) or to the allocated social worker and/or the Independent Reviewing Officer (if known).
4.10	The YOS will contribute, be invited to and seek to attend any Children's Specialist Services meetings/statutory reviews/conferences regarding children known to Specialist Services who are also young offenders. If an officer is unable to attend then a report must be supplied to Specialist Services prior to the meeting/statutory review/conference.
4.11	The YOS intervention plan and the Specialist Services children looked after Care Plan or child-young persons plan should inform and complement each other (See Youth Justice Board and the Children Acts 1989 and 2004 guidelines).
4.12	The YOS will assess and place adequate emphasis on the identification and management of safeguarding issues via ASSET[2] and the Risk of Serious Harm (ROSH) ASSET. This information will be shared with partner agencies, including Specialist Services, via the YOS Risk and Vulnerability Management Panel. Specialist Services, the Safeguarding Child Protection YOS link Officer and the designated Safeguarding representative must always be invited to attend these panels and if are unable to attend a written report must be supplied prior to the panel.
4.13	The YOS will inform Specialist Services within 24 hours if there are safeguarding concerns regarding children placed in their area by another local authority.
4.14	The YOS will be represented on the Lambeth Local Safeguarding Children Board by the Assistant Director for Specialist Youth Services.

[2] The Asset provides a common, structured framework for assessment of all young people involved in the criminal justice system and should be completed at the beginning and end of all interventions and at the mid-point of Detention and Training Orders. In addition YOS officers should complete an Asset before reports for external audiences are written (e.g. Pre-Sentence Reports, or reports for Referral Order Panels).

5. Responsibilities: Specialist Services

5.1	Specialist Services will provide a Referral and Assessment Service Monday to Friday, 9.00 a.m. to 5.00 p.m. which will take all new Child Protection/Children in Need referrals that are not currently allocated to a social worker or, where children have not accesses Specialist Services for more than three months. An Emergency Duty Team (after hours) is available for all children at all other times.
5.2	Specialist Services duties and responsibilities extend to children who are in prison, and are obliged to investigate any concerns about the welfare of children in custodial settings as they would if the child lived in the community or a non-custodial setting as agreed in Section 5.8, Custodial settings for children and Section 8, Child protection conferences of the London Child Protection Procedures, 2010.
5.3	Specialist Services responsibility for the safeguarding duties of any children remanded[3] to secure accommodation is the same as those for other children looked after in terms of promoting and safeguarding the child's welfare, taking account of the child's wishes, producing and reviewing Care Plans and consulting with other agencies as agreed under Section 5.8, Custodial settings for children and 11 of the London Child Protection Procedures, 2010.
5.4	Specialist Services will convene and chair strategy meetings/discussions between Specialist Services, the YOS and other relevant agencies to share the information and determine whether the threshold for section 47 enquiries has been reached. (See London Borough of Lambeth Specialist Services Thresholds, August 2010)
5.5	Specialist Services will ensure that a YOS representative, including the designated Safeguarding representative, is invited to all relevant Specialist Services meetings, including strategy meetings, to enable the YOS representative to attend, if the YOS representative is unable to attend the YOS must supply a report.
5.6	Specialist Services will ensure that statutory reviews for children looked after, including those in custody, are conducted within statutory timescales and that the YOS is invited to all statutory reviews within a minimum of 2 weeks prior to the meeting. If the YOS is unable to attend then a report must be supplied prior to the review to either the allocated social worker or the independent reviewing officer.
5.7	The Specialist Services allocated social worker must visit a child looked after within one week of them being sentenced or detained and subsequent visits take place at intervals of not more than 6 weeks for the first year.
5.8	If a young person is placed out of borough and an offence comes to the notice of Specialist Services the YOS must be notified within three working days.
5.9	Specialist Services will consult with the YOS if a case is to be either transferred into or out of the London Borough of Lambeth to ensure that the young person and their placement comply with any licence conditions and/or there are safeguarding issues to be considered. (See London Child Protection Procedures 2010, Section 11.4, Case Responsibility).
5.10	Specialist Services will consult with the YOS prior to any change of placement and inform the YOS within 24 hours regarding any changes of placement of children known to Specialist Services to ensure that any move does not place the young person in danger or breach any bail/licence conditions and will provide the YOS with full details any new placement in writing including a comprehensive summary of the child or young person's future Care Plan.
5.11	Specialist Services will ensure that the YOS are provided with full details of all placements, including new placements, two weeks prior to the young person's release from custody and include a comprehensive summary of the child or young persons future care plans.
5.12	Specialist Services will ensure that all children looked after should be accompanied by their parent, carer, residential worker and/ or social worker when they appear in court. Specialist Services will also ensure that suitable and appropriate arrangements are in place for refreshments and lunch for the child or young person.
5.13	The Specialist Services Safeguarding Child Protection YOS link Officer will attend the YOS Risk and Vulnerability Management panels, provide consultation on safeguarding issues and carry out relevant tasks from the panel.

[3] Where the court remands a young person into Local Authority Accommodation it is implicit that they do not consider it appropriate for the placement to be at home or with family members. Specialist Services may consider the feasibility of placing a child at home but this should not be done without the explicit authority of a Specialist Services senior officer and only after an Initial Assessment of the family and their care capacity. Such a decision must also be communicated to the court on the next appearance.

6. Information Sharing

Key factors in many Serious Case Reviews has been a failure to record, share and understand the significance of shared information and to take appropriate action in relation to known or suspected abuse or neglect. Good information sharing is therefore vital to safeguarding and promoting the welfare of children.

The sharing of information is governed by the Crime and Disorder Act 1998 (Section 17) and the Children's Act 2004 (Section 26) and guided by Lambeth's Information Exchange Protocol, which allows information to be shared between agencies to prevent and/or reduce offending.

In addition the London Youth Offending Teams Pan-London Protocol reflects the need for all organisations involved with providing services to young people to share information, work together to protect young people from harm, help them achieve in life, collaborate with all partners to promote the wellbeing of young people and meet the statutory obligations under section 11 of the Children Act 2004. (See also Section 3, Sharing Information and Appendix 4 - Information sharing legal framework of the London Child Protection Procedures 2010).

6.1	Specialist Services and the YOS will share appropriate and relevant information on children considered to be at risk of or engaged in offending.
6.2	Specialist Services and the YOS will share available relevant and appropriate information and assessments to promote and ensure the safety and well-being of children within Lambeth.
6.3	Specialist Services will inform the YOS within 5 working days of a young person's remand or sentence to custody of the young person's care status, person's with Parental Responsibility, any relevant information regarding to their family, contact and needs and the date of any forthcoming visits and reviews.
6.4	The YOS will share at MAPPA, information on children, including children known to Specialist Services (with the agreement of Specialist Services ) who pose a risk to the local community
6.5	Information will be shared with partner agencies via the YOS Risk Management AND Vulnerability Panel including ASSET and Risk of Serious Harm (ROSH) assessments.
6.6	Both Framework and YOIS (read-only) will be made available to the YOS and Specialist Services respectively and the relevant officers be given training by their service as needed.
6.7	Framework (read-only) will be made available to the YOS Court Duty Officer at Lambeth Youth Court
6.8	Specialist Services and the YOS will make all relevant paper and electronic files available to view to relevant practitioners on a need to know basis as per the Caldicott Standards 1997.

7. Referral Process

7.1	The YOS must make a referral to Children's' Specialist Services if there are signs that a child or an unborn baby Is suffering Significant Harm through abuse or Neglect; Is likely to suffer Significant Harm in the future. The timing of such referrals should reflect the level of perceived risk of harm and be no longer than within one working day of identification or disclosure of harm or risk of harm. (See London Borough of Lambeth Specialist Services Thresholds, August 2010)
7.2	All new referrals to Specialist Services go to the Referral & Assessment Intake Team, 4th Floor, International House, 6 Canterbury Crescent, London, SW9 7QE, 0207 926 7856.
7.3	New referrals for cases closed to Specialist Services will be referred to the previous Specialist Services team if the referral is received less than twelve weeks from the closure of the case.
7.4	If the child is known to have an allocated social worker, the YOS should refer directly to them or in their absence, to the social worker's manager, duty social worker within that team or to the allocated independent reviewing officer.
7.5	Specialist Services will acknowledge receipt of referral and decide next course of action within one working day and provide feedback to the referrer. (See Section 6.10, Quick referral flow chart, London Child Protection Procedures 2010).
7.6	The Emergency Duty Team (EDT) operates from 5pm to 9am Monday to Friday and from 5pm Friday to 9am Monday and on a 24 hour basis during weekends and Bank Holidays and can be contacted on 0207 926 1000.

8. Without a Security Requirement

Remands to Local Authority Accommodation without a Security Requirement [4]

8.1	Prior to contacting Specialist Services it is the duty of the YOS Court Duty Officer to explore placement with extended family as an alternative to a remand to accommodation.
8.2	If an assessment is required of an extended family member the YOS officer should refer to Specialist Services who subject to satisfactory preliminary enquiries will complete a viability assessment to identify alternative child care arrangements for a child who is unable to remain with their parent. The assessment will be completed within 6 weeks during which time the child will be able to reside at the proposed placement.
8.3	If there is a likelihood of remand and all alternatives have been pursued the YOS Court Duty Officer will notify Specialist Services Referral and Assessment Team or the relevant Team Manager prior to any possible court decision regarding placement to allow Specialist Services to form a basic contingency plan and alert Access to Resource that a placement may be required. The YOS Court Duty Officer will inform Specialist Services immediately after the court decision is made, regardless of the outcome of the case.
8.4	If the remand to Local Authority accommodation takes place after 5 p.m. the YOS will liaise with the Specialist Services Emergency Duty Team (EDT).
8.5	It is Specialist Services responsibility for finding a placement in the case of a young person remanded to Local Authority accommodation. Prior agreement between the YOS and Specialist Services will be sought in respect of requests for any ancillary costs to be met by Specialist Services regarding the placement including cabs, clothing, family visits etc.
8.6	Transport to the placement will be arranged by the worker most familiar to the young person or by the person who is most able to expedite the transport without undue delays. However outside of normal office hours the YOS Court Duty Officer will contact the relevant Specialist Services EDT where the young person resides; transport to the placement is the responsibility of the home borough Specialist Services EDT.
8.7	If there is a remand to local authority accommodation, the host YOS will ensure that appropriate escort arrangements have been made and that the young person will be accompanied to the placement either by a representative of the host or home YOT, the local authority or the young person's carer. (See London Youth Offending Teams Pan London Protocol section 5.10)
8.8	It is Specialist Services responsibility to notify the YOS and Police if a child has failed to reside as directed as soon as Specialist Services is aware that this has occurred and the allocated Social Worker may be called to give evidence in court to support any alleged breach of bail.
8.9	YOS will inform Specialist Services as soon as YOS become aware of the end date of the period of remand.

[4] Section 21 of the Children Act 1989 places a mandatory duty on local authorities to receive and provide accommodation for all young people remanded to local authority accommodation, at which point the child or young person becomes a child looked after. Children remanded by criminal courts to secure accommodation are looked after children within the meaning of s22 of the Children Act 1989. The responsibilities on the local authority are those set out in Part 3 and Schedule 2 of the Children Act 1989; the local authority does not acquire parental responsibility. These responsibilities fall on the local authority where the child is ordinarily resident, not on the authority where the secure accommodation is located.

9. With a Security Requirement

Remands to Local Authority Accommodation with a Security Requirement [5]

9.1	It is the responsibility of the YOS to contact the Youth Justice Board for a secure placement and for arranging secure escorts from the Local Authorities list of approved providers.[6]
9.2	The placement costs for young people within Secure Accommodation follows the Home Office Implementation Guidance, Appendix 1, for Court Ordered Secure Remands to Local Authority Secure where the responsibility for meeting the costs of a court-ordered remand to local authority secure accommodation falls to both central and local government.[7](66% of the placement costs is met by central government).
9.3	It is the responsibility of the YOS to notify Specialist Services of the remand within 24 hours after the remand has been issued and include the details of where he/she is placed and the relevant order.
	9.3.1	The YOS will inform Specialist Services as soon as YOS become aware of the end date of the period of remand.
9.4	Specialist Services is responsible for the cost of family visits, subject to prior approval.
9.5	In the event that no secure beds are available nationally, the YOS will contact the relevant Specialist Services Manager to discuss placement within an open setting (fostering/residential) pending the availability of a secure bed. The YOS will supply all relevant information including any licence conditions to ensure that Specialist Service Access to Resource Team are able to source an appropriate placement.
9.6	In the case of children and young people remanded to Local Authority accommodation with a security requirement attached, National Standards for Youth Justice Services require that the YOS take part in a planning meeting at the secure unit within 5 working days of the initial remand, and attend reviews at monthly intervals thereafter.
	9.6.1	The YOS will ensure that Specialist Services will be invited to and Specialist Services will seek to attend, the initial planning meeting, if required. If Specialist Service is unable to attend a report must be supplied prior to the meeting.
9.7	Specialist Services will hold an Initial Children's Looked After statutory review within 20 working days of the date on which the child became looked after, and thereafter at 3 and 6 month intervals.
	9.7.1	Specialist Services will make an assessment of the young person's needs based on any previous assessments completed by the YOS and their care be planned in conjunction with the responsible YOS.
	9.7.2	Specialist Services will ensure that the YOS are invited and the YOS will seek to attend the children's looked after statutory reviews. If the YOS is unable to attend a report with any relevant information must be supplied prior to the meeting.

[5] Section 23(4) of the Children and Young Persons Act 1969 enables a court, when remanding a young person, to require the local authority to place the young person in secure accommodation

[6] Where a child or young person is sentenced to secure accommodation, the YJB Placement Team will arrange transportation. Where a child or young person is remanded or sentenced to custody, the host YOS will liaise directly with the YJB Placement Team and cell staff’. (See London Youth Offending Teams Pan-London Protocol section 5.27)

[7] This payment system does not apply to children or young people remanded to local authority accommodation, nor those subsequently sent to local authority secure accommodation under section 25 of the Children Act 1989, having first been remanded to local authority accommodation under the provisions of the 1969 Act. Nor will it apply in welfare cases. These are decisions within the full competence of the local authority and, as is the case at present, it should be the local authority who meets the full cost of any decisions.

10. Bail Support Programmes

10.1	It is the responsibility of the YOS to make every effort to secure bail and where appropriate, offer an appropriate and sustainable bail support programme.
10.2	The YOS will liaise with Specialist Services if family support or assistance with accommodation is required.

11. Electronic Tagging [8]

11.1	It is the responsibility of the YOS to contact Specialist Services to gain information on the proposed household for the bail or remand to local authority accommodation where the tagging monitor will be placed.
11.2	It is the responsibility of the YOS for those young people already accommodated or who may be remanded to Local Authority accommodation to obtain consent from the parent/carer to tagging being used at the proposed address. Consent of the young person or Specialist Services to tagging is not required.
11.3	It is the responsibility of the YOS Officer to ensure that details of the monitoring contractor are faxed or emailed to Specialist Services on the day of remand.
11.4	It is the responsibility of Specialist Services to inform and consult with YOS prior to any change of placement and to fax details to the YOS, Brixton Police Station and the monitoring contractor no later than 24 hours after any changes of placement have been made.

[8]Electronic tagging for bail is available only where:

The offender is aged between 12 – 16
Is accused of a grave crime which carries a sentence of 14 years or more for an adult offender, or has a history of committing offences on bail or remanded to Local Authority Accommodation,
And, following assessment, the Youth Offending Service has informed the Court that tagging is a suitable option in this case.

12. Preparation of Pre Sentence Reports (PSR)

12.1	It is the responsibility of the YOS to make the required checks on Framework to ascertain if the young person is known to Specialist Services (see also Section 4.4).
12.2	If a young person has been or is known to Specialist Services it is the responsibility of the YOS to liaise with Specialist Services to gain any relevant information for the Pre Sentence Report (PSR) and it is the responsibility of the YOS to consult with the Specialist Services social worker regarding the content and recommendations of the Pre-sentence Report.
12.3	The YOS officer must obtain consent from the young person and/or parent prior to sharing the PSR with any outside agency. This does not include the defence and prosecution or the child's parents (unless the latter would endanger the child's welfare). YOS permission would need to be sought in respect of what information contained within the report can be shared with other agencies. [9]
12.4	Copies of the Asset, Pre-sentence Report and other reports completed by the YOS must be sent to the Specialist Services team where the case is currently open and placed on the young person's case record.
12.5	t is the responsibility of the YOS to liaise with Specialist Services regarding the PSR Intervention Programme and target the factors that contribute to offending and to support the care plan.

[9] Section 115 of Crime and Disorder Act 1998 allows agencies to exchange information ‘where it is necessary or expedient for any purposes’ of that Act provided that this is regarding the prevention of offending and only the necessary elements should be shared.

All serious safeguarding issues relating to the young person override any issues around consent. (See the London Borough of Lambeth Thresholds, August 2010).

13. Intensive Fostering (as part of a Youth Rehabilitation Order (YRO))[10]

13.1	The YOS officer must consult with Specialist Services if the recommendation within the PSR is for Intensive Fostering and provide Specialist Services with the expected court and sentencing date for the young person.
13.2	The YOS officer must inform Specialist Services immediately if the courts decision is for Intensive Fostering as the young person becomes a child looked after at this point.
13.3	Specialist Services will hold an Initial Children's Looked After statutory review within 20 working days on which the child became looked after, and thereafter at 3 and 6 month intervals and must invite the YOS officer to attend, however if an officer is unable to attend then a report must be supplied to Children's Specialist Services prior to the statutory review.

[10] Before making an YRO with Intensive Fostering, the court must consult with the young person’s parent/guardian (unless it is impracticable to do so) and consult with the local authority which is to place the young person with a local authority foster parent. A court may not impose an YRO with Intensive Fostering if the local authority does not have provision to deliver the requirement.

An YRO with Intensive Fostering should be considered where the young person has met the custody threshold (an offence punishable by imprisonment and for those under the age of 15, also persistent) and where a less intensive YRO would not be sufficient. Further, it should only be considered where the young person’s living arrangements have contributed to their offending behaviour and the local authority has agreed to provide specialist Intensive Fostering support and, finally, where an YRO with Intensive Fostering is thought likely to prevent further offending.

14. Local Authority Residence Order (as part of a Youth Rehabilitation Order)[11]

14.1	The YOS officer must consult with Specialist Services and there must be agreement if the recommendation within the PSR is for Local Authority Residence Order and provide Specialist Services with the expected court and sentencing date for the young person.
14.2	The YOS must work closely with Specialist Services to ensure there is suitable accommodation made available for the duration of this requirement (which must not exceed 6 months and/or include any period after the young person has reached the age of 18)
14.3	The YOS officer must inform Specialist Services immediately if the courts decision is for Local Authority Residence Order as the young person becomes a child looked after at this point and must supply Specialist Services with a copy of the Local Authority Residence Requirements supplied by the court.
14.4	Specialist Services will hold an Initial Children's Looked After statutory review within 4 weeks of the date on which the child became looked after, and thereafter at 3 and 6 month intervals and must invite the YOS officer to attend, however if an officer is unable to attend then a report must be supplied to Children's Specialist Services prior to the statutory review.
14.5	The YOS is responsible for monitoring and enforcing this requirement, be engaged in the assessment of the young person's needs and in planning and reviewing their care.
14.6	Should the placement break down during the course of the requirement, the YOS should work with Specialist Services to re-establish the child in a suitable alternative local authority placement to ensure continuing compliance with this requirement.

[11] If a Local Authority Residence Requirement is attached to an YRO, the young person must reside in suitable accommodation provided by or on behalf of the local authority specified in the order. The accommodation specified in the order may include foster care provided by a registered fostering service or in supported housing that is not regulated under the Care Standards Act 2000, provided by local authority children’s services or by a housing agency.

The court cannot attach a Local Authority Residence Requirement unless it has consulted with the local authority in which the young person is to reside and which will be specified in the order, as well as the local authority responsible for accommodating the child and planning their care if the young person is already looked after by a local authority; or if the local authority responsible for the Residence Requirement of the YRO identifies a placement outside of their own area.

Young people accommodated under this provision are subject to the general provisions of section 23 of the Children Act 1989, placing a duty on the local authority to assess the child’s needs, plan and review the child’s care and accommodate the child for the duration of the order.

15. Preparation of Stand Down Reports [12]

15.1	It is the responsibility of the YOS to ascertain if a case is open to Specialist Services when a stand down report is requested in court.
15.2	If the case is open to Specialist Services the YOS Court Duty Officer will liaise with the allocated social worker, or deputy or team manager to obtain any relevant information required for the report.
15.3	It is the responsibility of The YOS Court Duty Officer to request an adjournment for a full Pre-Sentence Report if information received from Specialist Services indicates that the case requires a more complex assessment.

[12] When a young person pleads guilty or is found guilty following trial the Court can sentence a young person straight away however the Court may consider a short adjournment to allow a Stand–down report to be prepared there and then. This report is requested if the Court feels an adequate assessment can be made following a short meeting between a member of the YOS and the young person with, where necessary, an appropriate adult or carer. The reports will include information on: the nature of the offence, current education status, family circumstances, previous convictions and reprimands and final warnings.

16. Young People Serving Custodial Sentences

16.1	It is the responsibility of the YOS for through care and post release supervision for young people serving a custodial sentence.
16.2	If a young person was "looked after" at the point of sentence the YOS must notify Specialist Services of the expected date of release within 7 days of the commencement of the sentence.
16.3	For those children who have ceased to be accommodated under S20 of the Children Act 1989 on sentence it is the responsibility of the social worker to assess whether the young person may need to be accommodated again on release.
16.4	It is the responsibility of the YOS to invite Specialist Services to the Sentence Planning Meeting, Reviews, and the Resettlement Review Meeting and the responsibility of Specialist Services to attend these meetings. If Specialist Services is unable to attend a report must be supplied prior to the meeting.
16.5	It is the responsibility of the YOS to work with a young person's family to accommodate him/her on their release unless the young person is a child looked after in which case the responsibility lies with Specialist Services.
16.6	If a young person is under the age of 16 and cannot return home on their release it is the responsibility of the YOS to notify Specialist Services Referral and Assessment Team (in the case of a young person not known to Specialist Services) or, if known, the relevant Team Manager as soon as possible and it is the responsibility of Specialist Services to identify an alternative placement for the young person in advance of the release.
16.7	It is the responsibility of the YOS to refer young people aged 16 and 17 leaving custody, not considered children looked after, to housing if a return to home has been explored and rejected due to risk of serious harm from gang or peer violence.
16.8	It is the responsibility of both the YOS and Specialist Services to co-ordinate arrangements for a young persons release and subsequent support in the community.
16.9	It is the responsibility of both the YOS worker and Specialist Services social worker to inform the young person prior to their release, and no later than the time of the final sentence planning meeting 10 working days before release, of the content of both the Care Plan and the Notice of Supervision or licence.
16.10	If a statutory review has not already occurred, the Specialist Services social worker and the IRO must arrange for a review prior to the young person's release from custody.

17. Sexual Offences and Sexual Offenders

17.1	The YOS must make a referral to Specialist Services regarding the victim of sexual abuse (if the victim is a child) and all known/alleged perpetrators where a child harms or is alleged to have seriously/sexually harmed another child or an adult.
17.2	A joint assessment between YOS and Specialist Services must be conducted whenever a child has committed a sex offence or has committed a serious violent offence against a child (or adult). (See London Child Protection Procedures 2010, Section 13.2.18, Criminal justice assessment of a child).
17.3	The YOS is responsible for requesting Specialist Services to schedule a strategy meeting / discussion when the assessment report is completed.
17.4	The YOS must inform Specialist Services prior to release if there is reasonable possibility that a young sex offender on release will be residing with, having close contact with, or discreet access to other children.
17.5	Specialist Services must conduct a risk assessment prior to release of anywhere the young person may have access to children and identify and provide an alternative address to the custodial setting for the young offender's release documents.
17.6	The YOS is responsible for assisting a young person who has received a caution or conviction for certain sexual offences in making an initial notification to the police within three days of release from custody.
17.7	The YOS is responsible for the post custody licence and for referral to MAPPA of all young people convicted of a sex offence who are to be resettled from custody and must invite Specialist Services, who must supply a report if unable to attend the MAPPA meeting.
17.8	Specialist Services must inform the YOS, in advance, where any young offender who has been accommodated out of borough is returning to live in Lambeth.
17.9	The YOS and Specialist Services are responsible for informing the Police if they are aware of a child or adult sex offender who has changed their address, or is planning to move, without informing the police.

18. Appropriate Adults

18.1	It is the responsibility of the YOS, between the hours of 9am and 6pm Monday to Friday, to source an Appropriate Adult within 2 hours of the initial police request for all young people under the age of 17 from the contracted supplier, if a parent or carer is not available.
18.2	It is the responsibility of the Police to contact the contracted Appropriate Adult contractor for young people under the age of 17 between 6pm and midnight Monday through Friday if a parent or carer is not available.
18.3	For all other hours and for all young people not known to the YOS and under the age of 17 it is the responsibility of Specialist Services EDT to contact the contracted appropriate adult supplier.
18.4	If the child is looked after it is the responsibility of Children's Social Care to attend planned appointments such as court.

19. Conflict Resolution and Escalation

If disagreement remains between agencies every effort should be made to reach satisfactory resolution under relevant guidance for the circumstances.

19.1	Where there are concerns about the service delivery of either the YOS or Specialist Services these must be raised with the line manager and a resolution sought immediately. Cross service communication should only be held officer to officer or manager to manager.
19.2	If an agreement cannot be reached on action required following discussion between officers or between line managers, then the matter must be referred without delay through the line management to and between the relevant Heads of Service.
19.3	Where conflict and disagreement still remains the matter must be referred to the relevant Assistant Directors.
19.4	Records of discussions and any decisions must be maintained by all agencies involved.