Protocol - The Decision Whether to Involve the Police

Such incidents can be complicated by having two vulnerable parties. Adults will need to ensure that health and safety reporting procedures are followed. 

Attendant factors for this category of offences are listed below and this list does not reflect any order of priority:

• Wishes of the victim;
• Severity of the injury sustained/nature of threat received by the victim;
• Probability of a repeat incident;
• Previous relationship between victim and offender;
• Potential impact on the child/young person following formal police involvement;
• Effectiveness of police action/court proceedings;
• Future best interests of both parties;
• Message sent to other young people;
• Availability of alternative causes of action, e.g. restorative approaches with the consent of the victim;
• Previous behaviour or offending, bullying/peer pressure/duress.

Whilst each home has the responsibility of care towards the child their welfare needs to be balanced with the rights of team members not to be subjected to violence in the course of their duties. 

Such incidents are affected by factors similar to those listed above, and adults should be encouraged to report any incidents that cannot be dealt with through alternative means. Where there is no immediate continuing threat of violence it is in the best interests of the team member to take time to discuss and consider possible options. Following such incidents, it is important that adults and managers utilise support for the team member and the wider team through a range of measures including standard de-briefing processes.

Adults should also ensure the child’s safety plan strategies are updated or completed in relation to the use of violence or injury to themselves or colleagues. A professionals meeting could be a useful method by which to assess the child’s needs and look at ways these actions by the child could be reduced.

The majority of criminal incidents involving Police relate to damage to the children's home. It is important to see these in the context of the needs of the child and whether involving the police is an effective and proportionate response. Factors to consider are listed and the list does not reflect any order of priority:

• Level/value of damage caused;
• Previous incidents of a similar nature by the same child or young person;
• Suitability or effectiveness of police involvement;
• Impact of police involvement of the child's overall care plan;
• Message sent to other young people if applicable;
• Availability of alternative courses of action, for example referral to the Youth Offending Service, via the relevant social worker.

Most offences of theft within the home are likely to be of low value, but the possible start of criminal behaviour, although it should be emphasised that value is a subjective issue relative to the victim. Factors to be considered include (this list does not reflect any order of priority):

• Wishes of the victim;
• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g. insurance claim requires a crime reference report;
• Availability of alternative courses of action, e.g. restorative approaches.

Factors for consideration should be similar to those in Section 1.3, Damage within the Home, and again this list does not reflect any order of priority:

• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g. insurance claim;
• Wishes and best interest of the victim;
• Availability of alternative courses of action, e.g. restorative approaches.

All incidents of trespass by persons unknown should be reported to the police as visits/trespass by outside associates of residents can be dealt with effectively under the Harassment Act, which will protect young people and staff.

Please read this section in conjunction with Drugs, Substance Misuse, and Smoking Policy.

The misuse of controlled drugs within a home is a serious issue and it is essential that the response is prompt and effective. In response to incidents adults will be guided by the Government Tackling Drugs Strategy, which has four main aims:

• Help young people to resist drugs use in order to achieve their full potential in society;
• Reduce the acceptability and availability of alcohol and other drugs to young people;
• Minimise the health risks and other damage associated with substance use by young people;
• Increase the safety of communities from drug-related crime.

Adults will need to balance these principles with their duty of care for the young people and their role in managing young people's behaviour as part of their care responsibilities as well as their responsibilities to the wider community.

• All possible steps should be taken by the police at local level, in consultation with local government and other agencies to encourage the reporting of racist incidents in crimes;
• It is important that the agency that receives reports of racist incidents is well equipped to deal with them and no one should be given the task without adequate training;
• It should be made clear that all behaviour policies held within Homes should cover the areas as indicated as hate crime and it be made clear how staff, staff and residents should deal with it. Homes and placements should themselves handle low level occurrences and their management of this aspect of discipline should be subject to inspection;
• A multi-agency approach to such incidents can ensure that help is provided to victims of these incidents providing them with a range of options for reporting and ensuring that the young person is sufficiently supported;
• When dealing with the incidents outlined as Hate Crime in relation to racially motivated incidents, whether or not the incident amounts to a crime, the person reporting should be asked to consent to the disclosure of this information to other agencies for the sole purpose of prevention or detection;
• In the recording of racially motivated incidents the minimum data content required should be as follows:
• Reported to: (The person receiving the report such as Registered Manager, Unit staff, Police Officer);
• At: (Location reported at): (i.e. Home, Police Station, etc.);
• Referred by: (the Agency or other person referring the victim to the Police if the incident is being referred);
• Time and date of report and nature of incident.

This is an incident where no immediate police response is required for example where assaults or damage has occurred and there is no risk of recurrence/significant harm to people, or incidents of theft. These incidents should be reported to the home's manager who then has the responsibility of identifying the appropriate course of action.

It is important to avoid any unnecessary reporting of incidents to the police. Should the Manager decide and/or the victim wishes that formal police involvement is necessary, where possible this should be through the Local Policing Team or with the Missing Person Liaison Officer.

In certain circumstances preservation of evidence may be an issue and residential team members will need to ensure that reasonable steps are taken to retain articles relevant to any criminal allegation or police investigation. 

A referral to the Youth Crime Prevention Panel for the area should be considered for those actions considered not serious or internal - via the social worker.

The primary police involvement in children's homes should be through a member of the Local Policing Team, meeting the team on a regular basis. Whilst some officers may already perform this duty it must be emphasised that a good working relationship is the most effective way to respond to young people with difficulties, and it is in this area that consideration should be given for joint agency training.

A regular liaison with the Local Policing Team and Manager would provide for discussion of not serious incidents within the home to identify the appropriate method of resolution, including:

• Internal action with no police involvement;
• Formal police investigation primarily by the member of the Local Policing Team and any resulting action.

This liaison meeting will also provide an opportunity to share more general views and co-operation and develop a better understanding of each Agencies responsibilities and practices. 

It is not the intention of this Protocol to restrict the options available to Residential team members and Local Policing Teams but to emphasise the importance of flexibility in determining the most suitable option for dealing with children and young persons. Additional advice and support could be sought from the child's social worker.

It is anticipated that relatively minor incidents will be addressed by using routine internal policies and procedures.