8.2.14 Risk Management (re Young Person's Risk of Re-offending and/or Vulnerability)

AMENDMENT

This Chapter was last updated in the September 2010 edition of the manual, when the flowchart was attached.

Introduction
Definition
Types of Risk
Defensible Decision Making
Assessment
Case Discussion
Related Policies, Guidance and Legislation
Risk of Re-offending
Risk of Vulnerability
Risk of Serious Harm to Others
Multi-Agency Public Protection Arrangements (MAPPA)
Assessment of Dangerousness
Serious Incidents
Flowchart

1. Introduction

The purpose of this policy is to provide a framework within which to manage risk when working with young people who offend.

2. Definition

Definition of Risk - "the probability that an event or behaviour carrying the possibility of an adverse outcome will occur".

3. Types of Risk

Re-offending – the likelihood that an individual will commit further offences.
Vulnerability – the risk that a young person might be harmed in some way, either through their own behaviour or because of the actions or omissions of others.
Serious Harm to Others – the risk that a young person might inflict serious harm on other people (e.g. serious violent or sexual offences).

4. Defensible Decision Making

When working with risk undesirable outcomes and serious incidents will sometimes occur, despite best endeavours. It is, therefore, important to be able to account for decisions made and the process gone through to arrive at those decisions.

Defensible decisions are those for which it is possible to demonstrate that:

There was a thorough process of collecting information from key sources.
Consideration was given to all the information available at the time and to relevant, well established research findings.
There was a clear link between the evidence available and the conclusions reached.
Organisational procedures were correctly followed.

5. Assessment

All young people entering the Youth Justice System will be assessed using Asset. The information gained from a comprehensive assessment of a young person will enable risks to be identified and appropriate intervention and management plans to be formulated to address and minimise those risks.

The appropriate assessment of young people using Asset Core Profile, Final Warning Profile or Bail Profile will lead on to the completion of Intervention Plans to address the risk of re-offending, the Risk of Serious Harm and Risk Management Plans to assess and manage the risk of serious harm to others, and Vulnerability Management Plans to assess and manage the risk of vulnerability.

All assessments and plans should be reviewed and updated at a minimum of three monthly intervals (National Standards for Youth Justice Services 8.11).

6. Case Discussion

The Case Discussion is a weekly forum allowing assessments and plans to be shared with, and views sought from, other staff within the YOS. All assessments arising from the preparation of PSR (pre-sentence reports) and all newly allocated community and custodial orders should be brought to the Case Discussion so that initial assessments and intervention plans can be discussed. High Risk cases and those where there is an identified risk of Serious Harm to Others or Vulnerability should also be brought to the Case Discussion for periodic review (in addition to the normal review process).

7. Related Policies, Guidance and Legislation

Asset Referral Triggers – local policy on when to refer to specialist staff.
Managing Risk to Staff from Clients – local policy on how to minimise and manage the risk posed to staff by service users.
Schedule One Offenders - local procedures for dealing with young offenders who commit violent or sexual offences against other young people.
Managing Risk in the Community – YJB Guidance
Dangerous Offenders – YJB Guidance on Multi-Agency Public Protection Arrangements
Criminal Justice Act 2003 – YJB Guidance for Youth Offending Teams
National Standards for Youth Justice Services – YJB
Serious Incidents: Guidance on Serious Incident Reporting Procedures - YJB

8. Risk of Re-offending

Risk of re-offending is measured by scoring the 12 sections of the Asset Core Profile according to the extent that they are associated with the likelihood of further offending. This will determine the Dynamic Score. Sections scoring 3 or 4 would be considered areas of the young person's life significantly contributing to their offending behaviour and needing to be addressed in the Intervention Plan. The Dynamic Score along with the Static Score (calculated automatically by the case management system) will produce a total score, which determines the assessed level of risk and necessary intervention level. A young person with a total score of up to 14 is considered Low Risk and will require a Standard Level of Intervention; a young person with a total score of between 15 and 32 is considered Medium Risk and will require an Enhanced Level of Intervention; a young person with a total score of 33 or above is considered High Risk and will require an Intensive Level of Intervention. In addition, scores in particular sections will trigger referrals to specialist staff for further assessment (see Asset Referral Triggers).

Total Asset Score	Level of Risk	Intervention Level
0 - 14	Low	Standard
15 - 32	Medium	Enhanced
33 - 64	High	Intensive

8.1

Intervention Plans must be completed for all young people we work with and the targets should reflect the issues identified in the Asset Core Profile as most associated with the likelihood of further offending. Intervention Plans must be reviewed and Asset Profiles updated at three monthly intervals. It is the responsibility of the Responsible Officer to arrange reviews at the appropriate intervals and to ensure that all relevant parties are invited (young person, parent(s)/carer(s), specialist staff and other agencies). Reviews must be recorded using the Intervention Review or Intervention Final Review, and where necessary further Intervention Plans should be drawn up.

8.2

Cases can be brought to the Case Discussion so that issues and concerns can be shared with other YOT staff, and to seek support and ideas for interventions. The Case Discussion does not replace the normal review process.

9. Risk of Vulnerability

Risk of Vulnerability will again be indicated by the completion of the Asset Core Profile. Particularly important are section 8, 'emotional and mental health', and 'Indicators of Vulnerability'. A score of 2 or more in section 8 requires that the caseworker should refer the case to the YOS Health Worker for further assessment. The Indicators of Vulnerability section will act as a trigger highlighting cases where further investigation is needed.

A young person may be vulnerable due to:

Mental health needs,
The behaviour of other people (e.g. bullying, abuse, Neglect, intimidation, exploitation),
Events or circumstances (e.g. family separation, anniversary of loss, change of care arrangements, poor housing),
The result of their own behaviour (e.g. substance abuse, acting out, inappropriate responses to stress).

9.1	Of particular concern will be child protection issues and the risk of self-harm and suicide. All YOS staff should be familiar with and operate in accordance with the London Child Protection Procedures (which are accessible via the 'London Child Protection Procedures' button on the left hand side of the screen.
9.2	The Asset Bail Profile and Secure Remand Assessment for males aged 15/16 also enables issues of vulnerability to be considered.
9.3	All cases where issues of Vulnerability have been identified must be referred for consideration at the YOS Risk Panel.
9.4	For all cases where there is a clearly identified risk of vulnerability a Vulnerability Management Plan must be completed. When completing the Vulnerability Management Plan an assessment of the level of vulnerability must be made; Low Vulnerability – no specific behaviours, events or people currently indicating risk. Medium Vulnerability – some specific vulnerability that can be addressed as part of the normal supervision process. High Vulnerability – clear indications of specific vulnerability requiring attention in the near future, and which may require involvement by other agencies or people. The case may need additional supervision and monitoring (e.g. local registration, oversight by middle/senior management). Very High Vulnerability – statutory thresholds (child protection) or immediate action needed to prevent imminent harm to the young person (e.g. suicide/self-harm). Immediate action is required and may involve intensive multi-agency support and monitoring. Vulnerability Management Plans must be countersigned by a manager within three working days of completion. The level of vulnerability will be confirmed by the YOS Risk Panel. In all cases except those where the risk of vulnerability has been assessed as low the assessment and management plan must be reviewed at no more than three monthly intervals.

10. Risk of Serious Harm to Others

Definition – serious harm means death or injury (either physical or psychological) which is life threatening and/or traumatic and from which recovery is expected to be difficult, incomplete or impossible.

10.1	The Asset Risk of Serious Harm assessment must be completed whenever the Asset Final Warning Profile or Asset Core Profile indicate that this may be necessary, i.e. if any indicators of serious harm to others are identified in the relevant sections. Having completed the Asset Risk of Serious Harm, the level of risk must be classified; Low Risk – no evidence at present to indicate likelihood of serious harmful behaviour in the future. No specific risk management work needed. Medium Risk – some risk identified but the offender is unlikely to cause serious harm unless circumstances change. Relevant issues can be addressed as part of the normal supervision process. High Risk – risk of harm identified. The potential event could happen at any time and the impact would be serious. Action should be taken in the near future and the case will need additional supervision and monitoring (e.g. local registration, oversight by middle/senior management). Very High Risk – imminent risk of harm identified. The young person will commit the behaviour in question as soon as they are able to or as soon as an opportunity arises and the impact would be serious. Immediate action is required and is likely to involve intensive multi-agency support and surveillance.
10.2	It is also necessary when completing the Asset Risk of Serious Harm to indicate the appropriate MAPPA category: Those eligible for referral under MAPPA are: Category 1 – registered sex offenders Category 2 – violent and sexual offenders who have served a minimum of 12 months in custody Category 3 – other violent or sexual offenders
10.3	A manager must countersign the Asset Risk of Serious Harm within three working days of completion. All cases that have an Asset Risk of Serious Harm completed must be brought to the YOS Risk Panel so that the assessment can be discussed and confirmed and, where appropriate, the Risk Management Plan discussed and confirmed. The YOS Risk Panel will determine when cases assessed as medium, high or very high should be reviewed.
10.4	If a young person is assessed as medium, high or very high risk a Risk Management Plan must be completed and counter signed by a manager within three working days of the assessment. If eligible for referral to MAPPA the Risk Management Plan must detail who is responsible for referring the case to the local MAPPA meeting (usually the Operational Manager who attends these meetings on behalf of the YOT).
10.5	The Asset Risk of Serious Harm and Risk Management Plan (where appropriate) must be reviewed at appropriate intervals (no more than three months, but sooner if deemed necessary) and the date set when countersigned.

11. Multi-Agency Public Protection Arrangements (MAPPA)

YOTs have a duty to co-operate with MAPPA (CJA 2003). The purpose of MAPPA is to meet the public’s need for protection from dangerous offenders.

11.1

Those eligible for referral under MAPPA are:

Category 1 – registered sex offenders
Category 2 – violent and sexual offenders who have served a minimum of 12 months in custody
Category 3 – other violent or sexual offenders

11.2

YOT’s must refer all eligible cases to MAPPA. It is the responsibility of MAPPA to decide at which level eligible cases should be managed.

11.3

Levels of Risk management:

Level 1 – risk management by the YOT through normal supervision procedures (normally “medium risk” and possibly some “high risk” cases)
Level 2 – local inter-agency risk management meetings with representation from appropriate agencies (local MAPPA meeting or Local Inter-Agency Risk Management Meeting). Usually appropriate for some “high risk” cases and occasionally “very high risk” cases.
Level 3 – referral to Multi-Agency Public Protection Panel (MAPPP) where a detailed and structured risk management plan is developed. Normally only appropriate for “very high risk” cases and occasionally “high risk” cases due to unusual circumstances (e.g. intense media interest). MAPPP should only deal with the “critical few”.

12. Assessment of Dangerousness

When a person has been convicted of a specified offence, an assessment of dangerousness must take place. Such an assessment is the responsibility of the court, but YOT have a significant role in contributing to this assessment.

12.1

The CJA 2003 defines a dangerous offender as someone to whom both of the following apply:

Convicted of an offence “specified” in schedule 15 of the Act (all of which are sexual or violent offences carrying a maximum penalty of two years or more).
Assessed by the court as posing a “significant risk to members of the public of serious harm by the commission of further such offences”

12.2

PSRs (pre-sentence reports) should provide detailed information to courts with regard to the level of Risk and Dangerousness to the public posed by the young person. Information relating to the assessment of dangerousness should be included within the “Assessment of Risk” section of the PSR, which, in cases involving specified offences, should be renamed “Assessment of Risk and Dangerousness”. Locally, we have asked that the court notify us in the PSR request when someone has been convicted of a “specified” offence.

12.3

Suggested wording for the opening of this section in a PSR would be:

This offence(s) is a specified offence under schedule 15 of the Criminal Justice Act 2003, (if also a serious offence, add: “The offence is also considered to be a serious offence as defined by section 224 of the Act”). In making an assessment of dangerousness, the court may wish to consider the following information.....

13. Serious Incidents

13.1	The circumstances in which serious incidents occur can be defined under two headings: Safeguarding Serious incidents under this heading are: The death of a young person in secure accommodation or under escort. The death or attempted suicide of a young person who is being supervised in the community by a YOT. Where a young person under the supervision of a YOT is the victim of any of the offences listed below. Public Protection A serious incident occurs if, while under the supervision of a YOT, a young person is charged with one or any of the following offences: Murder, attempted murder or manslaughter Rape Torture Kidnapping False Imprisonment Firearms Offences
13.2	The aim of the YJB’s Serious Incident Reporting Procedures is: To establish promptly if there are any lessons to be learnt Identify any deficiencies in policy and/or practice at a local or national level Help identify areas of continuous improvement to risk assessment and management practice
13.3	The serious incident reporting procedure will apply automatically in the following circumstances: Any of the incidents outlined above occur Any other incident occurs that the Chief Executive of the YJB deems sufficiently serious to require a “lessons learnt” procedure Any other incident occurs that the YOT Manager or Secure Estate Manager feels that the procedure would be a useful mechanism to learn lessons that can improve practice
13.4	If a Serious Incident occurs in the community the YJB should be notified within 24hrs of the incident coming to the notice of the YOT by secure e-mail – YJBSeriousincidents@yjb.gov.uk.cjsm.net. A copy of the notification should also be sent to the Head of Region.

14. Flowchart

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