Protocol to reduce the Prosecution of Children in Care

The links between being a child in care and offending behaviour are well established. It is important to recognise that many of the risk factors associated with pathways into offending behaviour also overlap with the factors identified for children who enter the care system, for example

  • Conflict within the family
  • Poor parental supervision
  • Attachment problems
  • Living in relative poverty/deprivation
  • Low achievement and low commitment to education
  • Negative influence of their peer group

As a corporate parent Staffordshire County Council wants the best possible outcomes for children in care and this includes reducing the likelihood of their becoming involved in offending behaviour. We are committed to a multi-agency approach to achieve good outcomes and divert children and young people away from criminal and anti social behaviour to prevent reoffending and escalation of offending and to prevent them from being inappropriately criminalised.

There is a joint protocol to reduce the prosecution of looked after children,

Requirement for police involvement

Staff and foster carers need to consider the nature and seriousness of the incident before deciding whether to involve the police either immediately or at a later stage or whether to involve them at all.

It is crucial that communication between staff, foster carers and the police is clear and evidence based. The following are some situations where police involvement may be requested. For full information refer to the protocol as above or ask your fostering social worker for a copy.

Violence by a child or young person on another

In considering attendance at an incident the police service will consider the following:

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

 

Violence to staff or foster carers by a child or young person

This can vary from verbal threats to physical acts amounting to assault. Whilst carers have the responsibility of care towards young people, their welfare needs to be balanced with the rights of staff and carers not to be subjected to violence in the course of their duties.

Such incidents are affected by factors similar to these listed above and staff and carers should be encouraged to report any incidents that cannot be dealt with through restorative approaches and behavioural management strategies.

This can include a referral to a Prevention Worker and for Neighbourhood Police Officer which will give consideration to the necessary intervention. If the young person is currently supervised by the Youth Offending Service information should be shared with the Youth Offending Team. This does not remove the individual’s right to involve the police. Any decision to involve the police in such circumstances needs to be carefully thought through to ensure it achieves the best outcome for the staff member, carer and the young person.

In all cases foster carers should report the incident to the child’s social worker and the fostering social worker and record the incident on the Incident Notification Form.

Following such incidents, the fostering social worker should visit the carer. Risk Assessment and Behaviour Management strategies should be updated.

Criminal Damage within the placement

Factors to consider are:

  • Level/value of damage caused
  • Previous incidents of a similar nature by the same child/young person
  • Suitability or effectiveness of police involvement
  • Impact of police involvement of the childs overall care plan
  • Message sent to other young people if applicable
  • Availability of alternative courses of action, for example, appropriate consequences addressed by the carer.

 

Theft within the placement

The full factors should be considered in the context of a restorative approach

  • Wishes of the victim
  • Nature and seriousness of the allegation
  • Requirement of formal investigation e.g. insurance claim requires a crime reference number
  • Strategies identified to manage the child/young persons behaviour

If a child or young person placed with you steals either from you or another member of your household this can be very distressing for everyone involved.   It is often possible to reduce the risk of this through simple practical steps such as not leaving money or valuables in communal areas of the home.  Following safer caring guidelines in relation to young people not spending time in one another’s rooms will also assist in preventing stealing. 

 

Foster carers categories of response

The following is a guide to support foster carers considering contacting the police.

 

In all cases you should notify the child/young persons social worker and discuss the incident fully with your fostering social worker.

 

Training courses to help you to promote positive behaviour

The following post approval training courses/workshops are available to Foster Carers and details can be found in the Foster Carer Training Catalogue:

  • Child Development & Promoting Positive Behaviour
  • Safer Caring & Recording with Care
  • Attachment (Part 1 and 2)
  • The Impact of Domestic Violence and Abuse on Children(e learning)
  • Prosper and Prosper +
  • Managing Complex Behaviours & Emotions
  • Therapeutic Parenting
  • Understanding and Dealing with Secondary Trauma

Information about these courses and workshops can be found in the Training catalogue.