Derbyshire Safeguarding Children Board

DERBYSHIRE SAFEGUARDING CHILDREN BOARD

21 June 2013

YOUNG PEOPLE IN POLICE CUSTODY

Purpose of the Report

To update members on the safeguarding issues relating to young people in police custody.

Information and Analysis

In December 2011 the findings of a joint thematic inspection report, Who’s looking out for the children, led by HMI Constabulary and supported by HMI Probation, HMI Prisons and CQC on young people in Police custody was published. The inspection followed the journey of young people from arrest to charge and beyond. The report identified that:

Police station custody areas can be very frightening places for adults, and are all the more so for young people. Children brought into police custody may be traumatised or distressed, or under the influence of alcohol or drugs (or their after-effects). A significant number have communication, learning, language or health needs, and many do not understand what is happening to them or the terminology used.

The report identified an anomaly in the justice system where young people under 17 are required to have an Appropriate Adult present with them when they are being interviewed however 17 year olds do not require an adult to be present although they are not defined as adult offenders until they are 18. In April 2013 the High Court ruled that 17 year olds in Police custody must be interviewed with an Appropriate Adults in the same way that young people under 17 have been since the Police and Criminal Evidence Act was implemented in 1984. Responsibility for the provision of Appropriate Adults lies with the Youth Offending Service who commission Derbyshire Advocacy Service (DAS).

Pending new legislation Derbyshire Constabulary have responded to the judicial review by offering 17 year olds in custody a voluntary Appropriate Adult. If the young person declines, the interview would proceed, whereas if the young person is under 17 the Appropriate Adults is mandatory.

An inspection of custody suites in Derbyshire has recently been undertaken by HMIC. During the inspection assurances were provided to HMIC that the recommendations contained in their thematic review had been considered by the Safeguarding Children Board and that a suitable protocol for young people in custody was under development with relevant partners. The HMIC report of the inspection is due to be published in August 2013.

The Constabulary, Youth Offending Service and Derbyshire Advocacy Service have undertaken a self assessment against the HMIC findings and recommendations and identified a limited number of actions requiring development.

Recommendation / Derbyshire Position / Further Action Required / Timescale /
The YOT/Appropriate Adult Provider will ensure AA call-out arrangements are designed such that children and young people are detained in police cells for the minimum amount of time possible. / The Police and DAS both report that target response times are met in most cases. The response target is 60 mins to attend the Police station but in practice this is less than 40 mins on average. / None
The YOT/Appropriate Adult Provider will ensure information flows, in both directions, between the YOT and AAs are effective and focus on the needs of the individual child or young person. / DAS inform the Youth Offending Service by secure email, where they act as Appropriate Adults by the next working day. If young people are detained overnight, the YOT duty manager is informed at the earliest opportunity and the provider duty manager contacts the local YOT office first thing on the next working day.
The information is further disseminated to other agencies as required. / None
The Police will make better use of available physical resources (for example private or separate booking in facilities) within the custody environment to encourage children and young people to disclose their individual vulnerabilities and needs. / Young people are held in detention rooms rather than cells which are less intimidating e.g. there is greater natural light and no cell type toilet. Custody staff are reminded during annual refresher training and custody briefing of the importance of keeping young people separate from adult offenders. / None
The Police will effectively address the safeguarding needs of children by:
· Ensuring healthcare professionals undertake a full assessment of the vulnerability of children and young people (including physical and mental health, substance misuse and other vulnerabilities).
· Ensuring that the police assess, accurately record, communicate and take appropriate action so that these needs are addressed. / Young people are subject to a risk assessment to identify if a specific health assessment is required. The risk assessment has specific questions relating to the wellbeing of young people. Health staff are available permanently in the custody suite at Derby and are on call at Chesterfield and Buxton. / None
The Police will ensure that all information relating to the detention of children and young people is accurately recorded and shared with relevant partners in a timely fashion. / Records are maintained on the GEM system and subject to scrutiny and periodic audit. HMIC have recently undertaken an inspection of custody suites. / None
The Police will provide age-appropriate documents, adjust interview techniques to improve the gathering and giving of evidence by detained children and young people, and improve the communication of safeguarding issues identified in interviews or at any other time during police detention. / Documentation provided to detainees is available in a range of formats including “easy read”, audio and through a hearing loop. Custody staff are briefed on safeguarding issues at annual refresher training. / None
The Home Office will enable parents and guardians to participate fully in the police custody process of their children by providing suitable guidance. / This is a national recommendation. / None
The YOT/Appropriate Adult Provider will provide a quality service to children and young people in police detention including:
· Ensuring Appropriate Adults have sufficient knowledge of the background of the child or young person to understand their needs and promote their interests.
· Ensuring Appropriate Adults are able to identify safeguarding and welfare issues and effectively communicate these needs to police and relevant agencies so that appropriate action can be taken.
· Ensuring Appropriate Adults are independent, focussed on the needs of the child or young person rather than the process, and actively support them through the custody journey. / As the service is provided externally, Appropriate Adults do not have access to YOT and Children Social Care, case management systems.
The basic training the provider delivers for Appropriate Adults is accredited by the Open College Network. Successful completion is a requirement to become an Appropriate Adult. A key, mandatory element of this training is attendance at safeguarding training. In addition, Appropriate Adults attend refresher safeguarding training twice each year.
Appropriate Adults are trained against and supported with, a clear role profile to ensure that they act independently and focus on the needs of the young person e.g. ensuring the young person is read his/her rights in their presence, that they meet with the young person independently and they are expected to intervene during the police interview when appropriate to support the young person. The focus on the needs of the young person is constantly reinforced in volunteer support meetings. / None
None
None
The Home Office will adopt within PACE 1984 the definition of a child as outlined in the Children Act 2004. / The High Court has required the Home Office to act and pending new legislation 17 year olds are offered a ”voluntary” appropriate adult. i.e. they have the opportunity to have an appropriate adult present but the interview will go ahead if they decline.
The Police will work with others to improve decision making in order to minimise the time children and young people are detained in police cells after charge. / A protocol between Police, Children’s Services is at an advanced stage of development to consider cases where it is suitable to release vulnerable young people who would otherwise spend substantial periods of time in police custody to be temporarily accommodated by the local authority. / The protocol and procedure on young people in custody requires finalisation. / 31st July 2013.
The Home Office will clarify the section of PACE 1984 relating to secure and non-secure accommodation and include this in PACE codes of practice. Any associated guidance notes will be clarified by the relevant government agencies. / This is a national issue and relates to the substantial reduction in numbers of local authority secure children’s homes since the PACE Act was first enacted.
The LSCB will monitor the above recommendations (which are directed to their board partners) to ensure that children and young people are treated as individuals and their needs are recognised and addressed to enable them to understand and participate in the arrest-to-charge process. / Issues considered at DSCB on 22nd February and 21st June 2013. Assurances to be provided at Board of 30th August that all outstanding actions are completed.

Other Considerations

In preparing this report the relevance of the following factors has been considered: legal and human rights, prevention of crime and disorder, equality of opportunity, environmental, financial, health, personnel and property considerations.

Background Papers

Who’s looking out for the children? A joint inspection of Appropriate Adult provision and children in detention after charge. HMI Constabulary, December 2011.

OFFICER RECOMMENDATION

1. That assurances are provided to the August DSCB meeting that all outstanding actions in the self assessment against HMIC findings and recommendations are completed.

2. That the Board is satisfied that, subject to Officer Recommendation One (above) being completed, it has responded fully to the recommendations made by HMIC in relation to young people in Police custody.

Bob Smith

Head of Derbyshire Youth Offending Service