The Positive Relationships Standard
Regulation 11
The Protection of Children Standard
Regulation 12
For procedures relating to Absent/Missing Children see Missing Children Procedure.
This chapter has been reviewed and refreshed locally in July 2021.
A decision to contact the Police should normally be taken by the senior member of staff or a Line Manager, unless a serious incident has occurred, in which case the most senior member of staff on duty may contact the police immediately then inform a manager. See Section 2, Categories of Response.
The following situations are the most common ones in children's homes where police involvement might be requested:
If a child/young person becomes Absent or Missing whilst on an activity it will be necessary to follow the procedures as set out in Missing Children Procedure.
This section should be read in conjunction with Dealing with Aggression and Violence Procedure.
These are incidents between residents within the home which range from minor disagreements through to serious assaults where physical injury is caused. Such incidents can be complicated by having two vulnerable parties. Staff 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:
This section should be read in conjunction with Dealing with Aggression and Violence Procedure.
Violence towards staff can vary from verbal threats to physical acts amounting to assault. Whilst each home has the responsibility of care towards the children/young people their welfare needs to be balanced with the rights of staff not to be subjected to violence in the course of their duties.
Such incidents are affected by factors similar to those listed above, and staff 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 staff member to take time to discuss and consider possible options.
This can include a referral to the Youth Offending Team/Service, via the relevant social worker, which will give consideration to the necessary intervention. This however, does not remove the individual's right to involve the police. Following such incidents it is important that staff utilise standard de-briefing processes.
Staff should also ensure risk assessments are updated or completed in relation to the risk of violence or injury to themselves or colleagues. A professionals meeting could be a useful method by which to assess these risks and look at ways this risk 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/young person 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:
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):
Factors for consideration should be similar to those in Section 1.3, Criminal Damage within the Home, and again this list does not reflect any order of priority:
The area of disorder is subjective and requires judgement by staff to avoid unnecessary police involvement for minor infringements of discipline. The main factors that should be considered are:-
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 children/young people and staff.
Please read this section in conjunction with Drugs and Substance Misuse Procedure.
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 staff will be guided by the Government Drugs Strategy, which has four main aims:
Staff will need to balance these principles with their duty of care for the young people in the home or placement and their role in managing children/young people's behaviour as part of their care responsibilities as well as their responsibilities to the wider community.
It is recognised that caring for, and managing children/young people with difficult or challenging behaviour is an integral feature of residential care work. Community staff will generally manage problematic situations except where they are so severe that immediate police involvement is essential in order to avoid physical assault or damage. The Protocol identifies three categories.
Incidents of violence requiring an immediate police response where children/young persons or staff are:
In such situations the Director of the Home/Senior Person on Duty should contact the police by dialling 999.
If the Director has not been consulted/informed prior to contacting the Police, s/he should be notified without delay.
It will also be necessary to notify the social worker and the Regulatory Authority (See Notification of Serious Events Procedure)
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. The incidents should be reported to the Director / Registered 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 Director decide and/or the victim wishes that formal police involvement is necessary, where possible this should be through the Single Point of Contact, such as the Community Beat Officer or PCSO, during regularly arranged liaison meetings.
When a situation involving a child or young person is to be discussed at the Liaison Meeting the child's Social Worker should be informed and they may wish to join the discussion.
If the discussion needs to be held sooner the Director should arrange for the SPoC Officer to visit the home as soon as possible. If this officer is unavailable the Director should contact the Police Control Room to request a delay or scheduled response visit by another Officer.
In certain circumstances preservation of evidence may be an issue and residential staff 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 cases considered not serious or internal - via the social worker.Police involvement should be on a risk assessment basis. If there is no risk, then the involvement will be with Community Directors or at a low level of involvement.
The primary police involvement in children's homes should be through the SPoC Officer, meeting staff 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 children/young people with difficulties, and it is in this area that consideration should be given for joint agency training.
A regular liaison meeting ideally on a four weekly basis or at an appropriate level according to the homes needs should take place between the SPoC Officer and Manager would provide for discussion of not serious incidents within the home to identify the appropriate method of resolution, including:
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 Community Staff and SPoC Officers but to emphasise the importance of flexibility in determining the most suitable option for dealing with children and young people. Additional advice and support could be sought from the child/young person's social worker.
It is anticipated that relatively minor incidents will be addressed by using routine internal policies and procedures.
As stated a referral to the Youth Crime Prevention Panel for the area should be considered.