1.4.4 The Police |
OUTCOME STATEMENT
Children assisted to develop socially acceptable behaviour through encouragement of acceptable behaviour and constructive Staff response to inappropriate behaviour.
AMENDMENTS
In April 2010, a number of amendments were made to this Chapter, please read the whole Chapter.
Contents
- Relationships with the Police and Planning for Change
- Managing Serious Disruption/Disorder
- Theft or Damage to Property
- Violence, Aggression or Abduction
- Offences Committed Outside the Home
- Notifications and Recording
1. Relationships with the Police and Planning for Change
1.1 General
All Staff have a responsibility for developing co-operative relationships with the Police and should seek their advice on matters of concern, security and crime prevention.
Illegal behaviour should not be condoned, but it is important to be mindful of our duty to consider the overall welfare of children; which may mean recognising that illegal activity is taking place and working to minimise risks and consequences.
1.2 Planning Ahead
Any response should balance the needs of the individual and aim to give the opportunity - depending on their Care Programme or Individual Crisis Management Programme (ICMP) to learn from their mistakes.
Unless otherwise set out in writing, for example in a child’s Care Programme, any suspicion that a child has or is likely to commit an offence must be discussed with the Manager and Social Worker and a decision taken on the actions/Strategies that will be taken.
Any decision to report matters to the Police or consult them should normally only be taken by a Manager or as set out in their Care programme or Individual Crisis Management Programme (ICMP)
Where there are concerns that a child is engaged or likely to be engaged in offending behaviour, measures must be adopted to reduce or prevent it. Where the behaviour is persistent or serious, the child’s Care programme or Individual Crisis Management Programme (ICMP) must include a summary of the concerns and the strategies being adopted to change the behaviour.
In this respect, other relevant agencies, including the Police, may be consulted and involved.
If necessary the Care programme or Individual Crisis Management Programme (ICMP) should indicate whether and in what circumstances the Police should be contacted should suspicions arise about offending behaviour.
1.3 Liaison with the Police
Regular liaison meetings between Staff and the local police team are crucial to the development of a positive working relationship. They will also help ensure that the most effective way to respond to young people with difficulties is identified.
A regular liaison meeting or contact should take place between local police and Staff even if there have been relatively few incidents necessitating the police being called to the home; rather than view police involvement as a reactionary measure or incident intervention strategy, liaison and communication should be adopted as a preventative, pro-active measure in line with Working Together guidance.
The meetings will:
- provide for discussion of incidents in the “not serious” category outlined above
- help identify the most appropriate method of resolving these incidents, whether by internal action by home Staff with no police action or more formal police investigation
- enable police and Staff to review police involvement in the home in the period immediately prior to the meeting, including the appropriateness of police being called to the home
- provide an opportunity to share more general views and information, leading to a better, shared understanding of each agency’s responsibilities, practices and priorities.
It is also important that police and Staff develop and maintain more informal links. It can be very useful, for example, for young people in a home to see local police calling on an informal basis when there is no immediate problem and this again contributes to the development of positive working relationships.
Homes are encouraged to make contact with their local community officers as a means of introduction, communication and networking.
2. Managing Serious Disruption/Disorder
Staff are expected to do all that is reasonable to manage young people, which includes the management of confrontational and disruptive behaviour so long as it is safe to do so.
As a Last Resort, Staff may use Physical Interventions to prevent children or others being seriously injured or to prevent damage to property.
However, if control is likely to be lost or a criminal offence may be committed, Staff should normally seek advice or support from the Manager who may, in exceptional circumstances, decide to call the Police for assistance.
This must only be done in exceptional circumstances, where all other means of control and diffusion have been exhausted and / or where it is felt that not to do so may result in significant damage or harm to parties present.
Whilst during such incidents the welfare of all parties present remains the paramount consideration, the Home must also consider what impact the act of police involvement may have for the future management of behaviour. It is expected that following such interventions, a full and comprehensive de-brief of the incident, behaviour management strategies utilised and outcomes takes place.
3. Theft or Damage to Property
If there is a suspicion that a child may be engaged or likely to be engaged in any criminal activity including theft or malicious damage, Staff must act to reduce or prevent the behaviour.
This may include taking steps to recover, repair or restore the property rather than contacting the Police.
In such circumstances it is expected that staff will discuss the activity with the child/children so that they are presented with an opportunity to gain a 'real world' understanding of consequential behaviours.
Decisions made with regard to restorative practice or reparation must be reasonable and proportionate to the value of the property concerned.If the offending behaviour is persistent or serious, the Police may be contacted.
The factors that should be considered include:
- Nature and seriousness of the allegation/damage
- Wishes and best interests of the victim
- Requirement for formal investigation
- Availability of alternative courses of action
- Previous incidents of a similar nature by the same child or young person
- Suitability and effectiveness of police involvement
- Impact of police involvement on the child’s overall Care Plan
- Message sent to other children
- Availability of alternative courses of action
However, unless there are immediate risks that a serious offence may be committed or evidence destroyed the Social Worker should be consulted before a decision is taken.
4. Violence, Aggression or Abduction
If a child/baby is abducted, the Manager and Police must be notified immediately.
If a child is known to be violent, the concerns and Strategies designed to reduce or prevent the behaviour must be set out in his/her Care Programme.
However, Staff must take what action is immediately necessary to prevent violence or assaults from occurring.
This may include the use of Restraint or other forms of Physical Intervention (see Restrictive Physical Intervention Procedure which contains procedures and guidance on the use of Physical Intervention)
If the victim is considering making a complaint to the Police, the Manager should discuss this with them to establish if such a complaint will be in the victim’s and perpetrator’s best interest (see guidance below). If possible, the victim should have a ‘cooling off period’ before making a decision. If the victim is satisfied that s/he wishes to contact the Police, the Manager should provide assistance and advice.
The factors to be considered include:
- Severity of injury sustained/nature of threat received by the victim.
- Child Protection Issues
- Probability of a repeat incident
- Previous relationship between victim and offender.
- Potential impact on the child/young person following formal police involvement.
- Potential effectiveness of police action/court proceedings.
- Future best interests of both parties.
- Wishes of the victim.
- Message sent to other residents.
- Availability of alternative courses of action
The reporting and involvement of Police in such matters must not be used a 'threat' and should only be used if it is felt that not to do so would not be in the child's or public best interest.
5. Offences Committed Outside the Home
Examples of this may be where a young person alleges that they have been the victim of an offence outside of the home.
In these circumstances, Staff must notify the Manager who should consult the Social Worker and consider what actions to take taking account of the following:
- Child Protection issues
- Notifications to the Regulatory Authority under Regulation 30 of the Children’s Homes Regulations
- What is in the Public Best Interest
Confidential Reporting (Whistle Blowing) Procedure
6. Notifications and Recording
If the Police are notified of an incident or called to provide assistance in managing an Incident of any kind, the Manager must be notified without delay. The Manager must notify relevant Social Workers and the Line Manager for the Home.
It will be for the Social Worker to decide whether to notify the Parents.
It may also be necessary to notify the Regulatory Authority and other agencies see Notifiable Events Procedure).
It will also be necessary for the Manager to conduct a Management Review as set out in Incidents Reporting Procedure.
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