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Multi-Agency Framework
Risk Assessment and Management:
For children and young people who
present a risk of serious harm
2 Renfrewshire Child Protection Committee – Risk Assessment and Management framework
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INTRODUCTION………...………...1.
RISK MANAGEMENT…..………...2.
THE MODEL………..………...3.
A TIERED APPROACH...4.
RISK ASSESSMENT………...5.
AIM…(ASSESSMENT, INTERVENTION AND MOVING ON)………...6.
HIGH RISK YOUNG PEOPLE…………...7.
INTERVENTION………...8.
ENGAGEMENT, “STICKABILITY” AND COMPULSION..……..………....9.
EVALUATION………..………...10.
APPENDICES NATIONAL STANDARDS FOR SCOTLAND’S YOUTH JUSTICE SERVICES……….1.
MAPPA………..……...………..…...2.
SERVICE MAP – TEIRED APPROACH...3.
YLS-CMI PROCEDURES………...4.
CHILDREN WITH SEXUALLY PROBLEMATIC BEHAVIOURS………....5.
FRAMEWORK TO ASSIST IN DEFINING BEHAVIOURS………6.
GUIDANCE – INITIAL ASSESSMENT……….7.
GUIDANCE – DECISION MAKING PROCESSES……….…….8.
GUIDANCE – PROVIDING ACCOMODATION FOR YOUNG PEOPLE WITH SEXUALLY PROBLEMATIC BEHAVIOURS………...9.
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1.
Introduction
This policy provides a framework for the management of young people aged 8 to 18 years who present a risk of harm to others. The procedures outlined within this document take account of National Standards for Youth Justice in Scotland (see Appendix 1) and specifically objective 1 of these standards which relates to improving the quality of the youth justice process and pays particular attention to assessment.
The framework is cognisant of the findings of the joint SWIA/HMIC Review of the Management Arrangements of Colyn Evans by Fife Constabulary and Fife Council (December 2005) and the action points contained within the Youth Justice Improvement Programme relating to the management of high risk young people.
The framework also links to the Criminal Justice ‘Assessing and Managing the Risks posed by Offenders’ policy document version 3 and the procedures outlined allow for transfer between the childcare and criminal justice system. Similarly, the new MAPPA (Multi- agency Public Protection Arrangements – see Appendix 2) have been considered and their application to young people incorporated.
We recognise that we are not able to eliminate risk altogether, however, in Renfrewshire through the adoption of the procedures, tools and interventions outlined, we are determined to effectively manage the risk of harm presented by young people who offend and effect positive outcomes for those young people and the communities which they live in.
Renfrewshire Child Protection Committee would like to thank Christine McCarli Independent Social Worker and Falkirk Youth Justice Services whose work has been drawn on to produce this protocol.
2. Risk Management
Risk is an important concept within social work and Renfrewshire is committed to adopting risk management procedures and practices which minimise the potential harm presented by damaged and damaging young people.
Risk management can be divided broadly into four core elements:- Systems and Procedures
These are the mechanisms which exist to manage young people involved in offending and anti-social behaviour in a way that ensures that they receive the appropriate resources at the most effective time to minimise and reduce harm.
Assessment
The use of validated assessment tools appropriate to the young person’s needs and behaviours which link to action planning and reviewing mechanisms.
4 Intervention
The adoption of practice and resources which are based on research evidence and ‘what works’
Evaluation
The incorporation of reviewing and evaluation within practice and gate keeping forums to identify what works and what does not. The adoption of data collection systems which allow for gaps in services to be identified.
3. The Model
Within Renfrewshire there are a range of services for young people. The universal services are provided to all children as a right and include access to education, youth services and health services. However, we also recognise that young involved in offending and/or sexually problematic behaviour, often have other needs and therefore our approach is to address the young person’s needs in a holistic manner.
This is based on information contained in a previous Scottish Children Reporter Administration’s annual report. This report highlighted that young people referred as offenders often have been known to their system as welfare referrals and continue to have needs in this area.
Therefore, within Renfrewshire a range of services have been developed to meet the “needs”
and “deeds” of these young people and our aim is to improve the speed and quality of service provision to reduce offending and re-offending and improve outcomes for vulnerable children through the Children’s Hearing system.
Through our Youth Justice Operations Group we look to ensure that these services are effectively targeted and tailored to enable the young people to address their behaviour whilst receiving support to help them to work towards achieving their full potential. The measures range from preventative and diversionary initiatives, aimed at those on the periphery of offending, through to intensive community based services and secure accommodation for our most troubled (and troublesome) young people.
4. A Tiered Approach
Within Renfrewshire we have adopted a tiered approach to interventions for all services for young people including young people at risk of involvement or involved in offending.
TIER 1
- Universal provision: is provision offered to all young people by health, education and leisure services and are protective and preventative in nature.5
TIER 2
- Prevention and early intervention: we consider that the majority of young people display pro-social behaviour and are not involved in youth crime. A range of services are available for young people which are identified as preventative in nature or allow for early intervention with young people who are considered to be at risk of involvement in offending.Examples of these are Area Family Support Services, Out of school learning and the Drug and Alcohol Awareness Programme.
TIER 3
- Diversion: where young people are involved in a first or a minor offence services are provided to challenge their behaviour and divert them from formal entry to the children’s hearing or court systems. Diversion services place a high emphasis on the impact of the young person’s offence on their victims and in confronting the young person with responsibility for their behaviour. These services include, Young Persons’ Alcohol Programme, Young Persons’ Drug Diversion Programme, Children and Family Social Work Area Teams, RaMPS (Reparation and Mediation/Parent Support) and The Community Support Project.TIER 4
- Intervention: for some young people the use of preventative, early intervention and diversion services, will not have the desired impact on stopping or reducing theirinvolvement in offending. These young people therefore require additional input from Social Work or more specialist services. Intervention services in this area include Youth Crime Workers in Social Work Area Teams, Community Support Project, and Intensive Family
Support Services. For young people accessing the services at this level means that there is a major issue in terms of their involvement in offending. As such the services will use all the statutory interventions available including seeking supervision requirements and using service care provision if required. (see Appendix 3 - service map)
5. Risk Assessment
YOUTH LEVEL OF SERVICE – CASE MANAGEMENT SYSTEM
Objective 1 of the National standards for Youth Justice in Scotland identifies two potential tools for use with young people who offend – ASSET and YLS-CMI. Renfrewshire in February 2006 adopted YLS-CMI as its generic risk of re-offending and action planning tool.
The YLS-CMI was derived from the adult Level of Service Inventory-Revised (LSI-R) and incorporates the research and development that went into the adult instrument. Research studies in Canada have shown it to be a reliable predictor of a range of outcomes and in a small scale study undertaken in a Secure Unit. In Scotland the YLS-CMI was found to be a reliable predictor of recidivism for young males and females and to also predict the risk of future violent conduct by male youths.
The main risk assessment in the YLS-CMI is a forty two item test divided into eight sections. It also addresses factors that whilst not strongly correlated to risk of offending may impact on risk for individual offenders and may affect response to treatment. In addition there is a case management system built into the test sheet.
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The YLS-CMI provides an estimate of risk of reconviction for individual offenders over twelve months and a profile of criminogenic needs. It is also increasingly being use to provide data about risk and need to help inform decisions about the design and delivery of services to young offenders
WHEN MUST YLS-CMI BE USED?
Objective 1 of National Standards for Youth Justice in Scotland requires that any report submitted to the Children’s Reporter on offence grounds where consideration is being given to convening a Children’ Hearing should be supported by a comprehensive assessment using either ASSET or YLS-CMI.
In Renfrewshire this has been interpreted as Social Background Reports submitted to the Reporter on offence grounds will be based upon a YLS-CMI Assessment (see Appendix 4 for procedures). The undertaking of a YLS-CMI assessment under these circumstances should not be viewed as a separate task but part of the process of assessment for the Social Background report and central to the Action Plan contained within the report.
YLS-CMI should be used by allocated workers within the context of their work with young people who offend to allow criminogenic needs to be routinely measured and risk of re- offending monitored. YLS-CMI or the Adult LSIR (Level of Service Inventory – Revised) must be used when preparing a Social Enquiry Report on young people aged 16-17½ years of age who are appearing for sentence in the adult court.
6. AIM (Assessment, Intervention and Moving on)
There are a number of tools to assist in assessing risk of future sexual offending and it is recommended that a tool is used as part of the overall comprehensive risk assessment. AIM II is a clinically adjusted actuarial tool for males of 12 to 18 years convicted of a sexual offence or where it is believed that the young person has been involved in problematic sexual behavior.
This tool embraces both dynamic and static elements. It addresses up to date research about young people who sexually abuse and is the most up to date risk tool available in the UK today.
While tools are scarce for younger children Aim also offers a model for young children to determine the level of concern about their behaviours. This looks at a strengths and concerns continuum.
As part of the ongoing assessment of risk, any tool used should be repeated approximately every six months or when it is known that there has been, or is likely to be a significant change in risk.
It has been acknowledged by professionals working with children and young people with problematic and abusive behavior that risk has to be viewed as fluid and dynamic in nature,(Ryan, 1999). It is therefore essential to consider the ongoing internal and external influences that are continually acting upon it. While it is sometimes necessary to describe risk as very high/serious, the risk management framework largely denotes risk as being more or less manageable.
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This leads to an exploration and consideration of the different factors that impact on it, naturally exploring the systems around the young person alongside considering their internal resources.
This results in risk becoming a more tangible concept with workers feeling less anxious about it and more able to effect change.
7. High Risk Young People
Procedures have been adopted to allow for the management of a small number of young people who present a significant risk to others as a result of violent and/or sexually harmful behaviour.
Interagency information sharing is critical to the assessment and management of risk presented by such young people. Information sharing protocols are described within the MAPPA 2 guidance section 7 for convicted and registered sex offenders. The basis for information sharing for non convicted/unregistered sexually aggressive young people and those presenting violent behaviour is underwritten in the Antisocial Behaviour Action 2004 (Section 139). Appendices 5 & 6 gives further information about identifying and defining sexually problematic behaviour.
When an agency has a concern about a young person’s behaviour causing harm to others, either by way of violent* or sexually problematic behaviours, they should contact the Duty Senior Social Worker who will have responsibility for making initial enquiries and have discussion with the Police and any other relevant professional.
Social Work will make the Area Manager aware of the referral and he/she will be responsible for considering child protection procedures. If child protection procedures are appropriate, the Area Manager will ensure that this route will be followed paying particular attention also to the risks that the young person poses and how to manage this risk.
If Child Protection procedures are not appropriate, as a Child in Need, the Area Manager, will decide whether there is a need to convene an Initial Risk Management Meeting attended by all relevant professionals and where relevant the parents. This meeting will identify a worker to undertake initial risk assessment, any accommodation and educational requirements particularly in relation to young people with sexually aggressive behaviour, immediate risk factors, agreed risk management strategies, a risk management team, a date and time for review (see Appendices 7, 8 & 9). A referral should be made to the Reporter to assess need for compulsory measures of care.
Where a criminal prosecution is being sought, and the young person is admitting the offence and agreeing to embark on a programme of work, the advice of the Procurator Fiscal should be sought as to the nature of any work to be undertaken pre trial
* Violence can be defined as “act of physical force that is sufficiently severe to cause injury to another person or persons (i.e. cuts, bruises, broken bones, death) regardless of whether injury actually occurs; any forcible act of sexual assault; or threat made with weapon in hand”
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Any involvement of a young person who is denying the offence, in a programme of work could prejudice his/her future court case. There may thus a period where no direct work is possible and the Area Manager should advise the Procurator Fiscal in writing to seek advice and rapid progression of the case.
The first risk management review will act on information provided by the initial assessment.
This will include reviewing and revising immediate risk management strategies, plan a comprehensive risk assessment (which may also include the use of specialist assessment tools such as SAVRY - STRUCTURED ASSESSMENT OF VIOLENCE RISK IN YOUTH), identifying respective roles and tasks of risk management team, begin the process of developing a team understanding of the pathways to the young person’s behaviours, their needs and risk and determine the frequency of risk management reviews
Where a comprehensive assessment is being undertaken, there should be a Risk Management Review both during and at the end of the assessment to assist in the short term management and monitoring of risk.
Ongoing Risk Management Reviews will identify where possible a behaviour and risk analysis, identify current victims or potential victims, identify strengths and concerns and explore how this will impact on risk on a day to day basis making risk more or less manageable, identify strategies to manage risk clearly identifying roles and task of those present and indentifying long term aims for the child/young person and current progress.
The introduction of Multi Agency Protection Arrangements (MAPPA see Appendix 2) in April 2007 has resulted in some changes in the management of high risk young people and specifically convicted and registered sex offenders.
8. Intervention
Effective targeting, gate keeping, assessment and review provide the foundation of improved risk management. Our intervention with young people identified as presenting a risk of harm is also critically important. Research findings are sufficiently consistent to establish the following activities are fundamental to effective practice.
Identifying and reducing key risk factors which are frequently associated with offending e.g. Antisocial peers, substance abuse, poor family functioning, school failure etc. The greater the number of risk factors addressed by an intervention the greater the impact.
Targeting young people with high predicted risk of further offending, particularly those with serious/violent histories.
Providing more intensive interventions e.g. more time, programme components, frequency of contact for high risk young people.
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Working across multiple systems within which young people operate e.g. family, school/work, peer group and neighbourhood.
Using behavioural skill based approaches and ‘contracts’ to coach young people in new skills, highlight un/desirable behaviour, responding positively and negatively as appropriate.
Using cognitive techniques to teach positive social attitudes and values, problem solving skills changing thinking that supports criminal activity and harm to victims.
Training interpersonal skills and social perspective taking.
Providing multiple services and change techniques.
Assisting young people to take their share of responsibility and make good if possible.
Use family networks to support effective parental supervision and contribute to positive change.
Increasing educational skills and achievements, employment skills and experience, general life skills offering a long term stake in society.
Helping young people build new positive relationship.
Increasing contact between young people and positive members of their community.
Matching young people to appropriate programmes to suit their needs/risk Graduating levels of intervention with assessed levels of risk/need.
Providing well structure and focused interventions aimed at changing offending.
Making sure programmes do what they intend to do.
9. Engagement ‘Stickability’ and Compulsion
Engagement and maintenance of an effective working relationship between worker and young person is critical in achieving change in behaviour. The right tools and programmes delivered by the wrong person will not achieve a reduction in risk. Rex’s (1999) research*
addresses the nature of probation relationships and how they come to exert positive influence.
In the study, those who attributed changes in their behaviour to supervision described it as
‘active and participative’. Probationers conveyed a sense of being engaged through negotiation and partnership and developed a sense of obligation, loyalty and accountability towards their supervisors.
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The commitment of services to engage and maintain relationships with the young people with whom they work is vital and this requires that agencies work within the spectrum of ambivalence to rejection employing ‘stickability’ and perseverance The effective use of reviews and collaborative work with parent/carers and engagement is similarly important.
In high risk cases where young people continue to ‘fail to engage’ with services consideration should be given to the use of compulsory measures with conditions attached.
*Rex S (1999) ‘Desistance from offending: experiences of probation’ Howard Journal of Criminal Justice 38 (4),pp.366-83.
10. Evaluation/Monitoring
Evaluation is central to working with young people. Evaluation of practice and interventions a well as continual monitoring of gate-keeping and reviewing processes.
The risk assessment tools identified within this document have action planning and evaluation questions incorporated. The reviewing timescales are identified within the action plan and the outcomes achieved stated.
Regular monitoring will also take place through discussion of those assessed as “High Risk”
within the multi-agency Case Progression Meetings held monthly.
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APPENDIX 1
National Standards for Scotland’s Youth Justice Services Introduction
Action Point 8 of the 10 Point Action Plan for tackling youth crime and disorder is to develop
“a set of national standards to operate between local authorities and children’s hearings covering reporting, timescales and follow up”
The report by the Improving the Effectiveness of the Youth Justice System Working Group*
describes the characteristics of effective local management of youth justice services and outlines a set of standards to improve delivery.
The group was asked to develop a strategic framework of national objectives and standards for Scotland’s Youth Justice Services, to help achieve the national target of reducing the number of persistent offenders by 10% by 2006.
Objectives of Youth Justice Services are:-
1. To improve the quality of youth justice process
2. To improve the range and availability of programmes to stop youth offending.
3. To reduce the time taken from the initial report on the offender (usually by the police) to the implementation of the hearing decision.
4. To improve the information provided to victims and local communities
5. To ensure that secure accommodation is used when it is the most appropriate disposal and ensure it is effective in reducing offending behaviour.
6. To improve the strategic direction and co-ordination of youth justice services by local youth justice strategy teams.
The group believes strongly that the development of national standards for youth justice services should take place in the context of integrated children’s services at a national and local level.
All authorities should therefore review and update their children’s services plans to ensure that this report’s recommendations are effectively addressed.
Each area must also ensure it has an effective mechanism in place to ensure progress is made towards meeting the standards.
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The group believes that the mechanism should include 3 key elements:
Local commitment to the overall aims for Scotland’s Youth Justice Services which are to:
Achieve the national standards set out in this report
Support parents, carers and families in their efforts to prevent and stop their child offending.
Increase local communities’ confidence in Scotland’s system of youth justice.
Enhance the integration of youth people who have offending into all aspects of community life and ensure they maximise their potential.
An Interagency Youth Justice Strategy Group
Although such groups already exist in every local authority area, the remit, membership and the seniority of representatives varies. The key task of the Local Youth Justice Strategy Group is to ensure progress towards meeting the national objectives and standards.
Organisations responsible for the local youth justice system should, therefore, be represented at a senior level. It is recommended that membership includes senior Local Authority staff responsible for relevant services such as Social Work, Education, Housing/Development and Leisure, the Police, Health, the local Children’s Reporter, children’s panel and voluntary sector representatives, the local Fiscal service, the economic development agency, community representatives and representatives of the youth justice teams.
The National Youth Justice Strategy Group, which provides advice to Ministers, will also provide strategic advice and support to these local strategy groups.
It is recognised that in many areas, the same official and professional members of the local Child Protection Committee or strategic children’s services attend the Youth Justice Strategy Group. Similarly, there are many representatives who attend both the local community safety partnerships and the youth justice strategy group. Agencies must ensure their time is used efficiently and should consider combining these groups, where appropriate.
An Operational Youth Justice Services Team
Specific operational responsibilities must be addressed in each local area, through the Youth Justice Services Team, these are:-
Effective liaison with appropriate agencies (if they are not co-located within the youth justice team).
Effective co-ordination of youth justice work to support young people who receive behaviour support at school; who are truanting or are excluded from school; who are homeless; misusing drugs or alcohol etc.
Improving the links with diversionary opportunities such as New Opportunities Fund
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Active Steps, training schemes and other appropriate initiatives.
Every area’s youth justice team must work towards the national target, which is to reduce the number of persistent offenders* by 10% by 2006. This should be each team’s priority although, of course, their work will also include implementing early intervention measures that prevent offending and diverting young people from becoming persistent offenders.
* a persistent offender is defined as a young person with 5 offending episodes within a 6 month period.
Objective 1: Improving the quality of the youth justice process
The Youth Justice system has been criticised for variation in decision making by Reporters and the varying quality and availability of social work reports across the country. If a sustainable reduction in offending is to be achieved, the assessment of young people who offend and the quality of reports provided to the Children’s Reporter and to hearings must improve.
STANDARDS FOR THE QUALITY OF THE YOUTH JUSTICE PROCESS
Every young person referred to the Reporter on offence grounds will have an initial assessment of their offending behavior carried out by or on behalf of the Social Work Department.
Every young person referred to hearing on offence grounds will have a comprehensive assessment delivered on time to the hearing, with the young person’s caseworker in attendance at the hearing.
Every young person referred to a hearing will have an action plan, developed from the comprehensive assessment. The Action Plan will state the options for the
programme/intervention to be followed; who will deliver them; the case management arrangements and the intensity of contact and supervision required.
Every Action Plan will be reviewed within two months of the initial hearing by the young person’s case manager. The Action Plan should be updated and reviewed within 3 months of the first review and at intervals agreed between the case manager, the young person and other as appropriate, thereafter, endorsed by the Reporter and further hearing, where necessary.
Every comprehensive assessment must be completed using ASSET/YLS-CMI assessment tools.
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Objective 2: To improve the range and availability of programmes to stop offending
The group noted that the Scottish Executive had funded youth justice teams to complete an audit of patterns and types of youth offending in their areas. The next steps are for teams to ensure that there is an appropriate range of programmes available to tackle and reduce the offending behaviour in each area.
Research suggests that there is no single programme or intervention that has all the answers to reducing offending, Rather, a range of approaches is required. Programmes used should be based on a comprehensive assessment of the young person’s offending behaviour and the reason for their behaviour.
We would expect, however, that a core repertoire of community based programmes in each area would include:
Intensive community based support and supervision Restorative justice practices
Family/parent support Cognitive skills
Anger management
Alcohol, drugs and mental health programmes Diversionary projects.
The Executive will introduce an evaluation toolkit, by the summer of 2003 to help youth justice teams identify whether the programmes they have in place are working and to identify success measure when they are commissioning or reviewing programmes.
The Executive will also finalise plans in early 2003 for accreditation of youth justice programmes. We intend to work towards the availability of a comprehensive range of nationally accredited community and residential based programmes and interventions by 2006.
STANDARDS FOR THE RANGE AND AVAILABILITY OF PROGRAMMES
To have a range of programmes in place that will address the nature and apppern of youth offending in the area’s audit of youth crime.
To ensure that the range of programmes recommended in the action plan submitted to hearings are available for that young person
To implement every supervision requirement made by a hearing (subject to the discretion available to the Chief Social Work Officer in respect of secure authorisation).
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Objective 3: To reduce the time taken to reach and implement hearing decisions
Audit Scotland has identified one of the characteristics of an effective youth justice system as taking as short a time as possible to process, and reach disposal. The group has built on existing standards for the police, reporters, local authorities and children’s panels to outline how the objective can be achieved, of reducing the time between charges being made to reaching and implementing the decision of the hearing.
STANDARDS FOR THE TIME TAKE TO REACH AND IMPLEMENT DECISION
The time from police caution and charge to the implementation of hearing decision should be reduced to 80 working days by March 2006
The police will provide a report to the Reporter with 10 working days of cautioning/charging the young offender
The reporter will request an assessment from the Social Work Department within 2 working days of receipt on an offence report.
The youth justice team will submit the assessment of the young person’s offending behaviour and action plan within 20 working days of the reporter’s request.
The reporter will make a decision about a referral to a hearing or to other agencies, if appropriate, within 28 working days of receipt of assessment.
Hearings will be scheduled to take place within a maximum of 15 working days of the Reporter’s decision.
The local authority will implement supervision requirements within 5 working days of date of being advised of the decision of the children’s hearing.
In addition, the agreed inter-agency standards and Code of Practice set by the Time Intervals Working Group should also be met:
The reporter will inform the child and family of the outcome of the referral within 5 working days of making the decision.
Education reports should form part of the assessment of the young person and recommended Action Plan. If the reporter requires additional information, it should be received within 10 working days of the reporter request.
All relevant people, information and resources will be available to hearings to ensure that continuations are kept to a minimum. At least 75% of hearings will proceed to disposal
Child and adolescent mental health professionals will submit reports within 6 weeks (30 working days) of the date of the request by a children’s hearing
The child and family will be sent written notification of the outcome of a hearing within 5 working days of the hearing.
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Objective 4: To improve information on youth justice services to victims and local communities
The group noted the multi-agency Victims Sub-Group was developing proposals for national standards to improve information and support to victims and to extend the role of restorative justice approaches.
It also noted the Executive’s intention to bring forward proposals for supporting youth justice teams in improving communications with their local communities.
STANDARDS FOR THE INFORMATION PROVIDED TO VICTIMS AND LOCAL COMMUNITIES
Every victim should receive information about the process for dealing with the young person who as committed an offence against them and the outcome.
Every victim of a young offender referred to the reporter on offence grounds will have the opportunity to engage in a mediation or reparation scheme, where appropriate.
Every area’s youth justice team will publish annual performance information about the area’s youth justice system, youth offending and the offences committed by them.
Objective 5: To target the use of secure accommodation appropriately and ensure it is effective in reducing offending behaviour
The group believes the number of young people re-referred to secure of offence grounds should be reduced. Baseline data should be established for 2003-04. A substantial minority of young people are placed in secure on an emergency basis or on a short-term warrant. The group recognises that it is hard to set standards for these cases, but believes that the principles of sound assessment, planned and appropriate throughcare and aftercare arrangements must apply to all young people in secure accommodation, regardless of the length of their stay.
To balance these quantitative measures, the group welcomes the Scottish Executive’s proposals to develop and enhance the range of programmes available in secure accommodation. It believes these should be among the first to be considered for accreditation.
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STANDARDS FOR THE USE OF SECURE ACCOMMODATION
Every decision to place a young person in secure must meet the legislative
requirements of S. 70 (10) of the Children’s (Scotland) Act 1995: The hearing must be satisfied that one or other of the following applies:
“The young person having previously absconded, is likely to abscond unless kept in secure accommodation, and, if he absconds, it is likely that his or her physical, mental or more welfare is in danger; or
The young person is likely to injure him or herself or some other person, unless kept in secure.”
The reasons for not implementing a secure authorisation will be provided to panel members or the police by the youth justice services team, at an appropriate forum, for example through the Local Authority Review Group meeting.
The following information must be collected on an annual cycle and shared with appropriate agencies and local communities:
The number of secure authorisations
The number of authorisations continued with reasons provided
The number of secure placements agreed by the area’s Chief Social Work Officer The number of authorisations turned down by:
(i) The Chief Social Work Officer; or (ii) The principal officer of the secure unit.
All relevant background information, including the ASSET/YLS-CMI assessment, held on the young person should be passed by the young person’s caseworker to the secure unit within two working days of admission. Information that concerns about risk of harm either to self or others should be passed on immediately.
The young person should have a named caseworker from within their home authority with whom the secure unit maintains regular contact and who is responsible for developing the aftercare plan for the young person
An Action Plan detailing the objectives for the care of the young person while in secure, including educational provision and a health assessment, should be completed by secure staff, within ten days of their entry into the unit.
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The individual’s plan should be reviewed at least monthly, by the unit, the named caseworker, the young person and their parent/advocate.
Every secure authorisation must be reviewed within 3 months by a children’s hearing.
A representative of the secure unit and the young person’s caseworker must attend every children’s hearing held to the young person’s supervision requirement.
Every young person will have an aftercare plan covering a period of at least 3 months following the day of departure from secure accommodation.
The young person’s caseworker must discuss the aftercare plan with the young person at least 21 days before their planned departure and agree this with the young person at least 5 days before their day of departure.
The young person’s caseworker will meet the young person within 1 working day of their release from secure and meet at least weekly following this.
The aftercare plan will be reviewed by the young person’s caseworker and the young person after 3 months and regularly after that whilst the young person is under a supervision requirement.
The young person’s aftercare plan should include reintroduction into education or training, as appropriate.
Objective 6: To improve the strategic direction and co-ordination of youth justice services by local youth justice strategy teams.
The group identified that effective strategic process, characterised by co-ordinated action among the youth justice service providers, was required if national standards were to be achieved.
STANDARDS FOR EACH AREA’S YOUTH JUSTICE STRATEGY TEAM
To produce an annual report on the area’s youth justice services. This will include the areas performance in achieving the national standards, the area-wide
development of interagency measures such as community satisfaction, reduction in the fear of crime and truancy and exclusion rates, and it’s spend on youth crime.
To commission and update annually an audit of youth crime in the area; its characteristics, patters and locations.
To identify, allocate and pool, as necessary the resources available from each of the strategy group’s partner agencies to ensure effective delivery of youth justice services and to provide financial monitoring information to the Executive, on request.
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To produce the areas’ communication strategy for its youth justice services by September 2003 and update annually thereafter.
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APPENDIX 2
MAPPA
(Multi Agency Public Protection Arrangements)
MAPPA assists in making defensible decisions and is linked to rigorous risk assessment and the delivery of public protection plan. Currently, these arrangements relate to registered sex offenders, however, in the future MAPPA will be applied to violent and other offenders.
Risk is assessed and managed at three levels.
LEVEL 1: ORDINARY RISK ASSESSMENT
Those offenders assessed as low-medium risk, who can be managed by one agency without active or significant involvement of others.
LEVEL 2: LOCAL INTERAGENCY RISK MANAGEMENT
This involves the active involvement of more than one agency required to manage risk LEVEL 3: MULTI AGENCY PUBLIC PROTECTION PANELS
This involves management of the critical few who are assessed as high or very high risk of causing significant harm or the case is exceptional in some way. These cases can only be managed by a plan which requires close co-operation at a senior level due to the complexity.
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APPENDIX 3
TIERED APPROACH TO YOUTH JUSTICE
This system is based upon proportionality. Recognising that 70% + of young people who commit one offence do not go on to commit further offences, without intervention. Young people who are involved in offending behaviour receive the type and level of service proportionate to their needs and the level of risk presented to the community.
Tiered Approach
Intervention - Tier 4
Diversion - Tier 3
Prevention – Tier 2
Universal - Tier 1
Please refer to Page 4 of this document for further information on each tier
In addition more information on individual services can be found in the Youth Justice Directory (www.renfrewshire.gov.uk)
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APPENDIX 4
YLS-CMI PROCEDURES FOR THE PREPARATION OF SOCIAL BACKGROUND REPORTS ON OFFENCE GROUNDS
INTRODUCTION
National Standards for Youth Justice in Scotland were introduced in December 2002.
These standards contain 6 objectives relating to the provision and quality of youth justice services and an overall objective of reducing offending by persistent offenders by 10% by March 2006.
Objective 1 of the National Standards relates to the improvement of the quality of the youth justice process and pays particular attention to the consistency and standards of assessments and reports being submitted to the Children’s Reporter and to Children’s Hearings.
SPECIFICALLY OBJECTIVE 1 of the NATIONAL STANDARDS STATE THAT:
“Every young person referred to the Reporter on offence grounds will have an initial assessment of their offending behavior, carried out by or on behalf of the Social Work Department.
Every young person referred to a hearing on offence grounds will have a
comprehensive assessment delivered on time to the hearing, with the young person’s caseworker in attendance at the hearing.
Every young person referred to a hearing will have an action plan, developed from the comprehensive assessment. This action plan will state the options for the
programme/interventions to be followed; who will deliver them; the case management arrangements and the intensity of contact and supervision required.
Every action plan will be reviewed within two months of the initial hearing by the young person’s case manager. The action plan should be updated and reviewed with 3 months of this first review and at intervals agreed between the case
manager, young person and others as appropriate, thereafter, endorsed by the Reporter and further hearing, where necessary.
Every comprehensive assessment must be completed using ASSET/YLS-CMI assessment tools.
LOCAL ARRANGEMENTS
Renfrewshire's main youth justice services currently lie with the Children and Families teams, although specialist service have been developed such as RaMPS and CSP/IFS (Community Support/Intensive Family Support) to provide additional support to divert young people away from statutory measures of care.
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This allows for young people’s criminogenic needs to be met within the context of a welfare approach acknowledging that young people who offend are children first and foremost and that their offending is likely to be symptomatic of other unmet needs. A consequence of adopting this model is that supervision requirements on offence grounds will be held by area Children and Family Teams and requests for Initial Assessment Reports and Social Background Reports (IARs and SBRs) on offence grounds will be directed to area Children and Family Social Workers.
National Standards for Youth Justice in Scotland require that every comprehensive assessment must be completed using Asset/YLS-CMI assessment tools. Clarification has been sought from the Scottish Executive to ascertain what this means operationally and it has been confirmed that all reports request on offence grounds where consideration is being given to compulsory measures of care will be underpinned by either an Asset or YLS-CMI assessment.
CHANGES IN PROCEDURES FOR REPORT PREPARATION FOR THE CHILDREN’S REPORTER
From the 3rd April 2006 all Social Background Reports on offence grounds will be based upon an YLS-CMI Assessment. Social Background Reports should contain information relating to the use of the YLS-CMI assessment which identifies the areas of criminogenic needs and risk of re-offending. The proposed supervision plan arising from the hearing should be formulated to respond to the areas of identified need contained in the YLS-CMI Assessment.
The YLS-CMI Assessment tool should be used to underpin all subsequent reports requests for review hearings.
NOTE: It is important that YLS-CMI is not viewed to be an ‘additional task’ and something that has to be completed in addition to the preparation of a Social Background Report. The YLS- CMI should form the basis of the Social Background report on offence grounds and be integral to its completion.
‘
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Appendix 5
Children with sexually problematic behavior
Identifying Problem Behaviours
Defining normal, problematic or abusive behaviours in children and young people can present difficulties for professionals with responsibility for protecting children. The uncertainty created can sometimes leave workers feeling powerless to respond to behaviours that concern them.
This can then result in a failure to respond to the needs of both children displaying the behaviours and their actual or potential victims.
In considering the behaviours of younger children, American Psychologist and leading expert in her field, Toni Cavanah Johnson, has developed sexual behaviour checklists to assist in determining the nature of behaviours. This list describes behaviours indicating concern:
A child showing an interest in, and knowledge of, sex outwith the developmental norm.
The sexual behaviours exhibited being significantly different from other children of the same age
The child being unable to stop the behaviours after being told to do so
The sexual behaviours eliciting complaints from others
The sexual behaviors making adults uncomfortable
Sexual behaviours that increase in frequency, intensity or intrusiveness
When fear, anxiety, deep shame or intense guilt is associated with the behaviours
Children who are engaging animals in sexual behaviours
Sexual behaviours that are causing physical/emotional pain/discomfort to self or others
Children who use sex to hurt others
Anger preceding or following or accompanying sexual behaviour
Children who use force, bribery, manipulation and threats
While Johnson’s work concerns younger children, the above may be useful in considering the sexual behaviours of teenagers. However an additional aspect to teenage years is the onset of puberty. This is a stage of major social, emotional and physical change. These include physical maturation, experiences of sexual arousal and awareness of orientation, more complex peer interaction, and a greater autonomy around decision making. During this time adolescents need to synthesise a variety of experiences in order to establish a healthy sexual identity.
Because there is a wider range of sexual behaviours on display in adolescence it can be more difficult to determine what is normal and healthy and what is problematic. The following has been adapted from Ryan and Lane (1991).
25 Normal Adolescent Behaviours:
o Explicit sexual discussion amongst peers, use of swear words, obscene jokes o Interest in erotic material and its use in masturbation
o Expression through sexual innuendo, flirtation and courtship behaviours o Mutually consenting non coital sexual behaviour (kissing, fondling etc) o Mutually consenting masturbation
o Mutually consenting sexual intercourse
Behaviours that Cause Concern (Showing escalation in seriousness)
o Sexual preoccupation/anxiety o Use of hard core pornography
o Indiscriminate sexual activity/intercourse o Twinning of sexual behaviours with aggression
o Sexual graffiti relating to individuals or which have disturbing content
o Single occurrences of exposure, peeping, frottage or obscene telephone calls o Compulsive masturbation
o Persistent or aggressive attempts to expose other’s genitals o Chronic use of pornography with sadistic or violent themes
o Sexually explicit conversations with significantly younger children o Touching another’s genitals without permission
o Sexually explicit threats
o Persistent obscene telephone calls, voyeurism, exhibitionism, and frottage o Sexual contact with significantly younger children
o Forced sexual assault or rape o Inflicting genital injury
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APPENDIX 6
Framework to assist in defining behaviours
(Adapted from Johnson 2000, and Worling, 2001) Healthy Sexual BehaviourSexual exploration occurs alongside the healthy integration of emotional, social and physical development. It is a healthy and natural part of the whole repertoire of child and adolescent development. Where behaviours involve others they would be between children or young people of similar ages and by mutual agreement of those involved. The specific nature of the behaviours would vary and be dependent on age and stage of development. There would be no significant negative emotions involved with the behaviours. Should this not be the case or should the behaviours continue to be displayed in the presence of adults this may indicate that the child is developing more problematic sexual behaviour.
Inappropriate Sexual Behaviours
Not all children and adolescents with problem sexual behaviours will require the implementation of the risk management protocol. For some their sexual behaviour problems may be less serious. While this might include trying to engage others in adult type sexual behaviours or making lewd remarks to the discomfort of others there would be no intention to cause hurt or harm and, significantly, the behaviours cease when met with resistance.
For these children and adolescents there will be no significant trauma in their backgrounds and they may have secure attachments. However their living environments may not have provided them with the social learning experiences required to help them develop healthy and acceptable sexual and social behaviours. They may have a learning difficulty that has contributed to difficulties in assimilating information and responding to social cues. When challenged about the behaviours there may be some embarrassment but no acute experiences of negative emotions.
Often these children do not require specialist intervention. They do, however, respond well to clear instruction, guidance and coaching in relation to acceptable behaviours. In such cases a significant adult should be identified to undertake this work. This may be a parent, teacher or key worker along with support from the other systems involved such as Social Work and/or Educational Psychologist.
Behaviour indicating both the need for the protocol and more focused interventions
The work of Toni Cavanaugh Johnson and James Worling is helpful in thinking about behaviour typologies and definitions that cover both children and adolescents with more serious behaviour problems.
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Toni Cavannagh Johnson has written extensively about her work and research on under 12’s with problem sexual behaviours. From this she has developed a clinically derived continuum of sexual behaviours providing a template for understanding the presentation of different types of behaviours of young children. This continuum categorises the more problematic behaviours into three groups: 1) sexually reactive; 2) extensive mutual; 3) children who sexually abuse.
Research (Friedrich, 2003) points us to the parents and the child’s environment as being important in the etiology of a child’s sexual behaviour problems. Because the home environment is often a significant factor in precipitating and sustaining the behaviours, working with the child parents or carers is essential. Generally children with sexual behaviour problems are trying to solve feelings of perhaps, confusion, anxiety, shame, or anger. These children need adults who will understand them and help them solve their problems.
Sexually Reactive Behaviour
These sexual behaviours can be abusive in their affect on others, however, it is important to note that for the child displaying them there is no intent to cause hurt or harm. These behaviours can be done in the full view of others. There is no targeting or planning to the behaviours and recipients may be other children, adults or self directed. Sometimes these behaviours are out with the conscious awareness of the child. They may be frequent but are easily stopped when the child is distracted. However, without further interventions, they are likely to re-emerge when the child feels anxious or under stress. The child may have been sexually abused or have been exposed to sexual behaviours at an age and stage when they have been unable to process this. The behaviours are often the child’s way of trying to understand and work through what has happened to them. When the behaviours are brought to light feelings of shame, guilt and anxiety are often present but anger is not.
Extensive Mutual Sexual Behaviours
These children’s behaviours are extensive and can include the full spectrum of adult sexual behaviours. The children tend to have been severely hurt by adults and often chronic neglect features strongly in their backgrounds. They have major attachment difficulties and are the most difficult group to engage with. They tend to be the least motivated to change their behaviours. Any coercion they may use with other children will be subtle, as they tend to engage with other children who are similar. The sexual behaviours are a means of meeting a whole host of unmet needs and are not linked with aggression or retaliation. These children can be blasé about discussing the behaviours as sex and sexuality have pervaded their thinking and therefore many aspects of it have been normalized by them.
28 Abusive
There are a small number of young children who engage in sexually abusive behaviours.
Usually a growing pattern of sexual behaviour problems is evident in their histories. In the homes of children who abuse it is likely that they will have been exposed to boundary violations on a sexual, physical and emotional level. In our experience many of these children have witnessed domestic violence. Intense sexual confusion is a hall mark to their thinking and behaviour. Sexuality and aggression can also be closely linked. These children may use force, fear, intimidation, trickery to coerce another into the behaviour. The child’s motivation for engaging in the sexual behaviours is to act out negative emotions towards a third person (parent/sibling) or to act out generalised negative emotions (Johnson, 2006). It is not until adolescence that the issue of being able to control others becomes a further motivational factor.
Adolescents
While TC Johnson’s descriptions of behaviours are associated with younger children, the categories help to consider motivation for the behaviour and the needs being met by some adolescents, in particular those for whom puberty has resulted in considerable confusion and distress in relation to processing past experiences.
James Worling (2001) identifies personality subgroups within adolescents who abuse. These subgroups are useful in identifying different pathways and motivational factors involved in the behaviours that in turn identify appropriate treatment approaches.
Antisocial/impulsive Over controlled/reserved Unusual/isolated
Confident/aggressive Antisocial/impulsive
In Worling’s study (2001) the largest group represented young people who were antisocial and impulsive. It is important to note a high prevalence of childhood physical abuse within this group. Domestic violence also features highly in these children’s lives. These young people tend to have high levels of delinquency and impulsivity. They are more likely to have a propensity for rule breaking and their behaviours tend to manifest higher levels of anger and aggression. Their sexual offending, at least initially and in part, may be more as a result of this propensity for rule violation rather than from a deviant sexual arousal. Therefore, traditional relapse prevention models would not work terribly well without work on those treatment targets that have shown to be essential in the treatment of general delinquency. With repeated sexual offending deviant sexual arousal could become an important factor to work on in addition to the more general antisocial behaviours and attitudes. Within their intervention plan it is important to address their physical maltreatment. Presently it appears that trauma-specific cognitive behavioural interventions are the most effective for this purpose.
29 Over controlled/reserved
Worling describes over controlled/reserved young people as endorsing of prosocial attitudes but who are cautious about their interactions with others and have a tendency to keep their feelings to themselves. Their sexually abusive behaviours are often therefore developed within the context of an overall shy and rigid interpersonal style which makes it difficult for these young people to access more normative intimate relationships with peers. In contrast to the anti social group these young people are not likely to require an emphasis within treatment on general delinquency issues such as impulsivity or attitudes supportive of criminality. Rather they need to develop ways of emotional expression and appropriate social relationships.
Unusual/isolated
An important feature for adolescents within the Unusual/Isolated group may be their peculiar presentation and social isolation. The development and maintenance of a healthy and intimate sexual relationship with a consenting peer may be particularly problematic for these young people given their awkward personality features. Perhaps in addition to more traditional sexual offence specific treatment these young people need instruction in a number of basic social skills.
Confident/aggressive
In direct contrast the confident/aggressive group tend to have a much healthier interpersonal presentation and they can be described as confident, friendly and optimistic. They would not particularly benefit from intensive remedial work in basic social skills. On the other hand this group can also be described as aggressive and narcissistic, therefore, the initiation of their sexual behaviours may at least in part be related to these issues. Successful interventions with this group may require that their aggressive and self centred orientation be targeted specifically in addition to sexual offence specific work.
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APPENDIX 7
Guidance Notes: Initial Assessment
Martin Calder has written extensively about assessment and the following has been adapted from Calder and Goulding (2000)
Planning
The following are important considerations when planning an initial assessment:
Philosophy of intervention
Purpose of assessment
Who is appropriate to undertake the assessment
What is the timescale for the assessment
What information is required
What will be the sources for obtaining the information
Potential impact on the child/young person
Potential impact on family Purpose
The purpose of the initial assessment is to:
Collate relevant information to assist in decision making processes about immediate risk and risk management. This includes consideration of risk in the home, community, school and extended family.
Collect details about the presenting problem behaviours and situational contexts
Consider any predisposing factors for behaviours e.g. family background, parental attitudes
Consider opportunities for repeat behaviours
Identify immediate needs of the young person and other family members
Consider level of co-operation from the family
Consider need for legal mandate
Consider needs for third party disclosures
Identify areas and planning for a more comprehensive assessment
It is important that as early on in the process as possible the following key factors are considered:
Access to victims and potential victims
Developmental factors (history and stage of development)
The family’s level of co-operation with the assessment
Family’s views about behaviours and risk
Family functioning and attitudes
Exact nature of sexual behaviours (act, use of force evidence of planning, level of aggression)
History of sexual behaviours (when they started, frequency, type and past responses)
Level of stability in living environment
Presence of any immediate risk factors (other behaviours)
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During this investigation/initial assessment period it is important to be aware of the following:
It is likely that the family will be experiencing intense feelings that may include, anger, shock, disbelief, fear. An assessment of their responses should take this into account. Often families are unable to engage meaningfully until they have processed and come to terms with information concerning their child. Initial contact with families has to be supportive as well as conducive to fact finding.
In the early stages of contact with young people and their families they seldom offer more information about the nature and type of sexual behaviours. Contact with other systems e.g.
Schools can often be helpful sources of information.
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APPENDIX 8
Guidance notes to assist in decision making processes (adapted from Calder 2000)
Legal Mandate
The need for a legal mandate may be considered where:
o There is no support for interventions or there is collusion with the young person by the parents
o When there are indications of other behaviours particularly evidencing poor impulse control
o Where there is no stable home base
o Where drugs and alcohol are also involved
o Where the behaviours are of a serious nature and this needs to be reflected by formal proceedings
o Where violence and aggression is involved in the behaviours
o Where attitudes continue to support aggression and violence and problematic sexual behaviours
Staying at home or being accommodated
Placement decisions about a young person staying at home should take account of the following:
o Victims and potential victims living in household o Level of co-operation by parents
o Level of sharing concern by parents
o Ability to work alongside agencies (openness, honesty) o Level of culpability/ability to protect
o Risk awareness
o Ability to identify and meet needs
o Ability to employ risk management strategies o Level of alienation of young person in family home o Threats of retribution to young person
o Known history of abuse in family home
It is important to recognise that shock, denial anger and fear can all be normal initial responses allegations of problem sexual behaviours. Usually decision making about the viability of a young person remaining at home would be informed by a longer and more comprehensive period of assessment where it is important to observe and assess change in family responses particularly in relation to the above.
33 Specialist Residential Considerations
o Community safety issues and nature of behaviours e.g. use of violence or weapons o Compulsive patterns in offending history
o Degree and nature of substance misuse
o Degree and nature of previous delinquent/aggressive behaviours o History of unsuccessful community programmes
o Potential risk to others The Unit/Foster Home
Culture and atmosphere of living environment
Carers need to consider if any aspects of the living environment are contributing to the child/young person’s behaviours. In addition consideration should be given to how the child/young person’s behaviours are impacting on other children and adults in the living environment. The dynamics and culture of the living environment can contribute to risk making it more or less manageable e.g. leniency over supervision, other children with particular difficulties, blurred boundaries, confusing messages about sex and sexuality. The culture philosophy of the living environment will set the atmosphere and hence influence what it feels like or children and young people living there. It is important for foster carers and residential staff to consider how sexualised their environment is and what boundaries are required to desexualise this environment. This would include considering the following:
Access to sexual materials e.g. TV, computer, DVD’s, mobile phone, magazines, posters etc
The children/ young people’s sexualising of the environment e.g. sexual banter, inappropriate language, play fighting of a sexual nature, dressing inappropriately or provocatively
The manner in which sex and sexuality is discussed and how carers and residential staff relate to each other
Policies and Procedures
Policies and procedures and staff and carer knowledge of them should help to determine safe care and practice in foster placements and residential units. How these policies and procedures are evidenced in practice can make a difference to how children with sexual behaviour problems are both managed and supported.
For example:
Child Protection Procedures
Any concerns about abusive sexual behaviours should be recorded and reported through the child protection system.
