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Whenever a Looked After child aged under 18 is arrested, the responsible local authority should ensure that the young person has the support of an Appropriate Adult and a solicitor while at the Police Station. The solicitor should have expertise in youth justice, and be provided with relevant information about the young person's circumstances and needs, including key information from the Care Plan (and Pathway Plan if they are an Eligible Child).
For more information on Appropriate Adults, including their role in supporting children and young people, and who can fulfil this role please see Appropriate adults: Guide for Youth Justice Professionals.
See also: Derbyshire Joint Agency Protocol Regarding Offending by Children in Care
When the person under the age of 18 years is arrested the PACE Codes of Practice require an "Appropriate Adult" to be called to the Police Station. The Appropriate Adult is required to be present during the course of the police interview and key stages of investigations conducted in the Police Station. The provision of an Appropriate Adult is intended to safeguard the rights and welfare of young people in Police Custody.
The following people can be an Appropriate Adult:
A person should not act as Appropriate Adult if:
The decision as to whether staff from children's homes can fulfil this role will depend upon the circumstances and context as to why the young person is in Police Custody. For example:
The presence of an Appropriate Adult is required:
In summary, the Appropriate Adult's key roles and responsibilities during these processes are to:
The Police will usually approach their local Youth Offending Team to request an Appropriate Adult. The YOT should ascertain the reasons for an Appropriate Adult being required and why a parent or guardian will not be in attendance with the young person.
If it is agreed that an Appropriate Adult will be provided, depending on local arrangements, this role will normally be undertaken by either a YOT worker or volunteer during their working hours. Outside their normal hours of duty, the Police will normally contact the Emergency Duty Team, unless another organisation is commissioned to provide Appropriate Adults "out of hours".
In the event of it being agreed that it is in the young person's interests for another professional, such as the Key Carer, to act as Appropriate Adult this should be agreed between the custody officer, YOT/EDT and the Manager of the member of staff being asked to undertake the role.When it is agreed that a member of staff from the home will act as Appropriate Adult, the following information needs to be established before leaving to attend the Police station:
If the person being asked to act as Appropriate Adult is not based in a Youth Offending Team (YOT), they should contact their local YOT to make enquiries about whether the detained young person is known to the YOT. If the young person is known by the YOT, they must ask if the young person has any particular needs or difficulties. They should also ensure that the young person's social worker (or out of hours duty service) and those with parental responsibility are kept informed about the Police investigations.
For guidance about the role of the Appropriate Adult on arrival at the Police Station and during Police investigations please see Guidance for Appropriate Adults (Home Office).
Remember to inform the Police who attend that DCC has a protocol in place for dealing with incidents involving children in care in residential homes, and that under that protocol we prefer that matters reported to the Police are not prosecuted through the courts; DCC policy is not to prosecute for internal damage- unless extensive at the home.
Wherever possible we wish that any matter is dealt with by way of Restorative Justice or an out of court disposal.
Provide the Police with a copy of the CPS check list which requires extra information to be gathered to decide on the most appropriate outcome. (Blank copies should be kept in the office).
The Flowchart Police Involvement in Residential Care Incidents should be used as a guide to help those involved in deciding the most appropriate Police response.
If the situation requires an Urgent Police Response 999 (i.e. where staff or young people are at risk of immediate serious physical harm due to assault or serious damage) then decision making about the most appropriate criminal justice response will mainly be in the hands of the Police through their investigation.
However home’s managers can still call a serious event meeting and the preferred outcome can be communicated to the Police. The Police should be invited to the meeting. The CPS 10 point check list should be completed, and the Police should be reminded about this.
The YOS Reducing Offending Worker should be contacted if there is a problem with this or if you require help dealing with the process after calling the Police.
Serious incidents where the Police are called should be notified to YOS Reducing Offending Worker.
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