Offending and Anti-Social Behaviour – Guidance on when to Involve the Police

If a child/young person goes missing, staff should follow the procedures as set out in the Missing Children Procedure.

This section should be read in conjunction with Positive Relationships and Behaviour Support Procedure.

Such incidents can range from minor disagreements to serious assaults where physical injury is caused.

The Home's manager should consider the following when deciding whether to notify the police:

• 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;
• Likely 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.

This section should be read in conjunction with the Positive Relationships and Behaviour Support Procedure.

Violence towards staff can range from verbal threats to physical acts amounting to assault. Whilst the Home has a responsibility of care towards 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.

Decisions on whether to report such incidents to the police will be influenced by factors similar to those listed above, and incidents should only be reported when it is agreed that they cannot be dealt with through other means. Where there is no immediate continuing threat of violence, it may be in the staff member's best interests to take time to discuss and consider possible options. One option could be a referral to the Youth Offending Team Youth Crime Prevention Programme.

Following such incidents, staff must utilise standard debriefing processes and ensure risk assessments are updated or completed regarding the risk of violence or injury to themselves or colleagues. A professional's meeting could be a useful way to assess these risks and explore ways to reduce them.

Following incidents, debrief meetings will be held with children and homes staff to gather information for informing and developing positive behaviour support and management. Meetings will be recorded in the incident recording and staff supervision to capture learning and any amendments to practice and protocols.

Formal supervision of homes staff will be used following incidents to ensure staff are supported to understand, reflect on and manage their own feelings and responses to the behaviour and emotions of children. Homes staff have a duty to attend and contribute to any formal supervision and appraisal sessions to monitor performance and ensure appropriate support is put in place.

The majority of criminal incidents involving police involve damage to the children's home, and serious consideration should be given to alternative responses. It is important to consider whether involving the police is an effective and proportionate response, taking into account the following:

• 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 on 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 Team;
• Where there is a risk of significant damage to the Home, staff should consider using Team Teach (Non-Aggressive Physical and Psychological Intervention) to reduce damage and risk of Police involvement. This strategy should be used only as a last resort, after all diversionary and diffusion techniques have failed. Homes staff will strictly observe the restriction involving non-permissible measures and will only employ techniques as part of their professional training in Team Teach.

See Use of Restraint and Physical Intervention Procedure.

When a young person has stolen an item in the Home, or from another young person or staff member, the following should be considered before involving the police:

• Wishes of the victim;
• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g., an 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 1.4, Criminal 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 interests of the victim;
• Availability of alternative courses of action, e.g. restorative approaches.

The area of disorder is subjective and requires staff judgment to avoid unnecessary police involvement for minor disciplinary infringements. The main factors that should be considered are:

• Nature and seriousness of the disorder;
• Risk or threat of violence;
• The wishes of and impact on the immediate community;
• The availability of alternative courses of action.

See Drugs Procedure.

• In the recording of hate crime incidents, the minimum data content required should be as follows:
  • Reported to: (the person receiving the report, such as the registered manager, staff, police);
  • At: (location reported at): (i.e. Home, police station, etc.);
  • Referred by: (the organisation or other person referring the victim to the police if the incident is being referred);
  • Time and date of report and nature of incident.

Incidents of violence requiring an immediate police response where children/young persons or staff are:

• At risk of immediate serious physical harm;
• Where there is a risk of substantial damage to property; or
• Risk of significant disorder with the Home.

In such situations, the manager of the Home/senior person on duty should contact the police by calling 999.

If the manager has not been consulted/informed before contacting the police, they should be notified without delay:

• If the police are called to the Home, or
• A serious offence is committed, the Responsible Individual must be notified.

It will also be necessary to notify the social worker and the Regulatory Authority (see Notification of Serious Events Procedure).

This is an incident where no immediate police response is required, for example, where assaults or damage have occurred, and there is no risk of recurrence/Significant Harm to people, or incidents of theft. The incidents should be reported to the Home's manager, who is responsible for 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 wish that formal police involvement is necessary, this should, where possible, be through the local police, for example, as part of regular Liaison Meetings. 

Homes Managers should contact the Responsible Individual for advice as to how to proceed in non-serious incidents.

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 manager should arrange for a member of the Local Policing Team to visit the Home at the earliest opportunity. If there is a specific officer who frequently liaises with the Home and that officer is unavailable, the manager should contact the Police Control Room to request a delay or a scheduled response visit by another officer. 

In certain circumstances, preservation of evidence may be an issue, and 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 Programme (usually organised by the YOT) should be considered for cases deemed not serious or internal, via the social worker.

Police involvement should be based on a risk assessment. If there is no risk, involvement will be with managers or at a low level.

The primary police involvement in the Home should be through a member of the local police meeting regularly with staff. 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 meeting (ideally on a four-weekly basis) between a member of the local police and the manager would provide for discussion of non-serious incidents within the Home to identify the appropriate method of resolution, including:

• Internal action by staff with no police involvement;
• Formal police investigation primarily by a member of the local police (and any resulting action).

This liaison meeting will also provide an opportunity to share broader views, collaborate, and develop a better understanding of each agency’s responsibilities and practices.

The Home will form relationships with the SPOC for the Police at the Home's location.

The SPOC for the Police, the home is located in, should be invited to the Home and introduced to the children.

Children should be supported by Homes staff to understand the role of the SPOC for the Police and the location of the Home.

Homes Managers will attend CHAPS (Cheshire Homes and Police Meetings quarterly as arranged.

It is important to be flexible when determining the most suitable approach to dealing with children and young people. Additional advice and support could be sought from the child's social worker.

All children have special rights, no matter who they are or what crime they are being accused of. The Youth Justice Charter explains what these rights are, setting them out as ‘standards’. This helps children know what to expect from the different people and organisations they might meet in the Youth Justice System.

See The Youth Justice Charter - know your rights in the youth justice system.