8.4.4 YJB London Youth Offending Service and London Probation Trust: Case Transfer Protocol (June 2010) |
EXECUTIVE SUMMARY
This protocol outlines the respective operational procedures and responsibilities for YOT/S and London Probation Trust staff in relation to the effective Case Management of young offenders being supervised in London, and in particular the management at the key period of the transfer of supervision from the YOS/T to London Probation Trust. The protocol fully covers arrangements arising from the significant legislative changes arising from the introduction of the Youth Rehabilitation Order in November 2009.
The arrangements for the transfer of cases from the YOS/T to London Probation are outlined in full detail to ensure practitioners and their managers are fully aware of the process involved. The responsibilities of Court staff to inform relevant agencies of court appearances by young people are fully defined. The management arrangements for young people aged under 18 made subject to UPW Requirements are confirmed, and the levels of regular contact expected between the YOS/Ts and London Probation Trust employees in cases where both supervision and UPW requirements are imposed. Enforcement procedures concerning young people made subject to statutory court orders are defined.
The protocol also addresses specific issues relating to the management of young people identified as presenting a high risk of harm or likelihood of committing further offences, via MAPPA and PPO schemes respectively. Responsibilities concerning the contact of victims are defined, as are information exchange arrangements with Family Intervention programmes and other initiatives aimed at supporting young people identified as being at risk of committing crime.
This protocol replaces the previous version produced in summer 2008, and provides further operational detail to the existing National Protocol created by NOMS and the YJB.
This protocol was developed with reference to the National Probation Directorate Probation Circular ref: 91/2005: 'Case Transfer Protocols between YOSs and Probation'.
Contents
1. Transfer of Cases / Orders
There is an automatic presumption in this document that all cases will be transferred from the Youth Offending Service (YOS) to London Probation Trust when the young person becomes 18, however communication in all instances should take place three months (six months prior for high risk and offenders subject to the Deter Young Offenders programme) prior to their 18th birthday in the following cases:
- Section 90/91 - 226/228 Imprisonment: Periods of imprisonment imposed under section 90/91 (Powers of Criminal Courts Sentencing Act 2000) or section 226/228 (Criminal Justice Act 2003) where the young person may be released on supervision after their 18th birthday, in which case transfer arrangements to probation should take place no later than three months before their 18th birthday. Transfer discussions between the YOS and probation should take place well in advance of the release date to ensure effective case management and a consistent approach to risk (as defined in the transfer meeting). If a transfer occurs whilst the young person is still a serving prisoner, prior to transfer the YOS case manager must prepare the young person for transfer to Adult estate and the end of YOS support.
- Community Punishment Orders and Community Punishment and Rehabilitation Orders: London Probation Trust Community Payback will manage all standalone Community Punishment Orders for young people aged 16 and 17 years old. In addition, London Probation Trust Community Payback will manage the Community Punishment element of a Community Punishment and Rehabilitation Order; however overall case management of the order is the responsibility (including breach processes) of the YOS and subsequently London Probation Trust offender management on any transfer of the case three months prior to the offender's 18th birthday. (See National Protocol for Case Responsibility for further information )
- Youth Rehabilitation Order (YRO) - stand alone Unpaid Work (UPW) Requirement or UPW requirement with supervision. London Probation Trust Community Payback will manage all stand alone UPW requirements made as part of a YRO and the UPW requirement of any YROs containing more than one requirement. Overall case management responsibility of orders with both supervision and UPW requirements remains with the YOS, until the process of transferring the order to London Probation Trust occurs three months before the offender's 18th birthday.
- Where a young person is within three months of their 18th birthday and becomes subject to a YRO with a stand alone Supervision requirement, YRO with both supervision and UPW requirements, Community Rehabilitation Order, Community Punishment and Rehabilitation Order or Supervision Order, the order should be transferred at the point it is made(*).
Exceptions:
- Detention and Training Orders: To remain with the YOS until completion, unless the young person re-offends after they are 18 and becomes subject to a community or custodial sentence as an adult provision, the final date of which exceeds their period on the Detention and Training Order (DTO). In this case, the DTO will be transferred to Probation at the point this sentence is made.
- Referral Orders: Referral Orders cannot be transferred to London Probation and should remain with the YOS for the entire period of the sentence.
- If a Young Person reaches point of transfer and is subject to an Intensive Supervision and Surveillance Programme (ISSP)/ ISS, the YOS will maintain supervisory responsibility until the ISSP has ended. Discussions as to transfer should begin with London Probation Trust three months prior to the end of the ISSP/ ISS element.
- Where a young person is being supervised by the YOS and is within three months of completing their order when they reach their 18th birthday, the YOS should retain supervisory responsibility until the completion of the young person's order. Decisions concerning the management of the case should be decided following discussions between London Probation Trust and YOS managers.
- Where there is an outstanding breach matter, the order should remain with the YOS until execution / resolution of the breach. This is also the case where recall to custody is being actively considered at the point of transfer; the recall should occur prior to effecting case transfer. In cases where breach or recall action is contentious between the YOS and London Probation Trust at the point of transfer, the final enforcement decision should be jointly agreed by managers from both agencies prior to effecting transfer.
- Deter Young Offenders (DYO): communication and transfer should be discussed, in line with the DYO guidance(**), six months prior to the young person's 18th birthday.
* Due to legal requirements, as the young person is still under 18 years of age at the point the order is made it is necessary for the order to be made out to the YOS in the first instance and then transferred immediately thereafter.
** See following links to DYO Guidance Annex Documents
Click here to view Deter Young Offender Scheme
Click here to view Annex A - Statement of the Principles of CJSSS Magistrates Court (Youth)
Click here to view Annex B - Youth Justice Board Scaled Approach
Click here to view Annex C - Deter Young Offenders Access to Wider Children’s Services
Click here to view Annex E - Extract from YJB Counting Rules for the re-offending measure
Youth Rehabilitation Order Requirements
As of 30 November 2009 (the introduction date of the Youth Rehabilitation Order of the Criminal Justice and Immigration Act 2008), all young people made subject to a YRO should begin transfer procedures with London Probation Trust three months prior to the offender's 18th birthday. The transfer of the various YRO elements and transfer acceptance is outlined below:
- Reparation Orders/YRO with Activity Requirement
The YOS should not transfer these to the local Probation Trust. - Attendance Centre Orders/YRO with Attendance Centre Requirement
The YOS should not transfer these to the local Probation Trust. - Supervision Orders/YRO with Supervision Requirement
YOSs should normally begin the process of transferring these orders to the Probation Local Delivery Unit (LDU) during the three months prior to the young person's 18th birthday. Transfers should be implemented during the month following the young person's 18th birthday. - YRO with an Intensive Fostering, Intensive Supervision and Surveillance or Programme Requirement
The YOS should only transfer these to the Probation LDU when the requirement is completed and the young person has reached the age of 18. - YRO with a Curfew, Electronically Monitored Curfew (not a 'stand alone' curfew), Prohibited Activity, Residence or Exclusion Requirement
The YOS should normally begin the transfer process to the Probation LDU within three months of the young person's 18th birthday. - YRO with a Drug Treatment, Drug Testing, Intoxicating Substance Treatment or Mental Health Treatment Requirement
The YOS should transfer these in line with local arrangements for transition from young people's to adult treatment services within three months of the young person's 18th birthday. The YOS should negotiate the treatment service via mainstream young people's services into mainstream adult services. - YRO with an Education Requirement or local authority Residence Requirement
An Education Requirement cannot be made for the period after a young person has reached the age of 16 (statutory school leaving age). Similarly, a local authority Residence Requirement cannot be made for the period after the young person has reached the age of 18. Therefore, the YOS should normally transfer the order to the local probation area within three months of the young person's 18th birthday, but the Education Requirement or local authority Residence Requirement itself will cease. - Community Punishment Orders or YRO with stand alone Unpaid Work Requirement
Probation Trusts should ordinarily supervise these requirements in their entirety so there should be no case transfer issues, i.e. the local Probation Trust should retain the case throughout.
2. Procedures for Transfer
(See National Protocol for Case Responsibility for further information- sections 4.52, 5.7)
When transferring cases, initial contact must be made between the YOS Case Manager and local YOS Liaison Probation SPO at the relevant time identified in Section 1, Transfer of Cases / Orders. See Appendix C: Case Transfer Checklist for information which should be provided and sent via Secure Email, where relevant on transfer.
It is essential that the transfer meeting occurs in cases that are assessed as High/ Very High Risk of harm (via ASSET/ ROSH assessments), subject to MAPPA registration, identified as a PPO/ DYO offender or involved in Violent Extremism or Serious Group Offending (SGO). The meeting should be attended by the YOS Case Manager, the designated offender manager and the young person and their parent / carer. Other key professionals should be invited as appropriate.
Good practice would stipulate that a three-way meeting should take place with all cases transferred to London Probation Trust. This meeting should discuss the progress of the young person on their order to date and should also clearly identify expectations for the remainder of the Order, particularly if these differ from previous arrangements, e.g. frequency of reporting, enforcement arrangements etc.
Prior to transfer of the case, the YOS Seconded Probation officer will complete a transfer OASys assessment as outlined within the YJB/ London Probation Trust SLA - see Appendix I: London Probation Trust and Youth Justice Board -London Region Service Level Agreement - April 2010
If contact cannot be made between agencies or arrangements for a three-way meeting organised, the matter should be escalated to line managers. A discussion should be held between these managers within two working days of the case being escalated in order to progress the issues identified.
The YOS Case Manager will notify in writing all relevant parties of the change of supervisory arrangements following this meeting. Within five days of the three-way meeting (or the formal transfer), the YOS case manager should inform all relevant parties (e.g. other partner agencies involved) of the name and contact details of the new local Probation Trust case manager and the formal date of transfer.
Children in Care/ Care taking/ stability testing period:
For cases that are currently being 'care taken' or undergoing the stability testing period (as defined within the National Case Responsibility Protocol), including Children in Care cases, it is presumed that if it is likely that the young person will continue residing in the 'Host area' that the Host YOT will complete the transfer process as communication will need to be made with the 'Host area' Probation. However communication and liaison for relevant information should be made with the Home YOT during this process.
3. Pre Sentence Reports
If a case is currently under the supervision of the YOS, the YOS officer should prepare the report even if the offender is approaching, or has passed their 18th birthday. Consultation about sentencing options must take place with the local Probation Offender Management Unit (OMU) Senior Probation Officer (who is the Single Point of Contact - SPOC for the local YOS/T). A provisional first appointment should be arranged at this point. The case should be transferred on sentence if within three months of their 18th birthday.
If a Pre Sentence Report (PSR) is requested on a young person within three months of his/her 18th birthday who is not known to either service, the report will be prepared by the YOS.
If the PSR is requested on someone who has reached 18 at conviction, and appears in an adult / Crown Court then London Probation Trust will complete the report. The YOS will transfer and make available information as detailed in Appendix C: Case Transfer Checklist. However in cases where no transfer has taken place (at the young person's 18th birthday) with LPT and the YOS are still managing the Supervision requirement any request for a PSR will be completed by the YOS regardless of age of conviction.
If the PSR is requested on someone who has reached 18 at conviction, where the young person is retained at Youth Court jurisdiction for sentencing, the report will be completed by the responsible YOS.
For cases that are currently being 'care taken' or undergoing the stability testing period (as defined within the National Case Responsibility Protocol) reference should be made to this document for responsibilities in completing the PSR.
4. Courts
Youth Court Responsibilities
- The YOS shall have responsibility for staffing the youth court and notifying the relevant Probation Court Team by email of any young person remitted for sentence to the adult magistrates' court.
- The YOS shall provide court duty cover for any young person aged 17 or under appearing in an occasional / Saturday court
- YRO Community Payback / Community Punishment Orders: When a YRO Community Payback element is imposed or where a CPO or CPRO is made at a Youth Court, the YOS court duty officer will telephone the relevant London Probation Trust Community Payback Office (see Appendix A: Contact List Community Payback) immediately the order is made, in order to confirm the appointment for the initial Community Payback meeting.
- The appointment will be given to the young person in court with a letter and map (see Appendix E: Initial Appointment Letters and Appendix F: Contact Details of Community Payback Sites).
Youth Offending Service Case Manager Responsibilities
- Within 24 hours, the YOS will send the London Probation Trust Community Payback Office the PSR, current ASSET, the YOS/T risk of serious harm screening tool (see Appendix B: YOT Unpaid Work Risk of Serious Harm Screening Tool), list of previous Convictions (MG16), any other Risk of Harm assessments (including assessments pertaining to gang involvement, Preventing Violent Extremism (PVE - Channel) information) and signed initial appointment letter (see Appendix E: Initial Appointment Letters).
- The YOS will also confirm if the young person is currently subject to any other YOS orders or YRO requirements. The initial appointment and a map of the Community Payback office should be provided to the young person at court.
Magistrates Court
When a young person appears in an adult magistrates' court:
Probation Responsibilities
- When a young person appears in an adult magistrates' court, probation court staff will provide all relevant details to the local YOS including notification of requests or adjournments for PSRs, bail conditions, outcomes of court appearances etc. This will be done within 24 hours.
- Where there is a risk of a remand in custody or a bail supervision proposal, probation staff will telephone the YOS. Where a YOS staff member is unable to attend, probation staff may be asked to supply information on behalf of the YOS. In such cases the YOS will supply as much information as is required in order to ensure the case is dealt with effectively.
Crown Courts
- The YOS shall notify the probation team at the relevant Crown Court by email or by phone (see Appendix G: Magistrates Court Senior Probation Officer Contact List) of any young person committed or remitted to the Crown Court when the young person is currently subject to a YOS order.
- Probation court staff will ensure that all outcomes of hearings in Crown Courts that relate to young people, including requests or adjournments for PSRs, bail conditions, outcomes of court appearances, will be communicated to the relevant YOS within 24 hours.
- YOS staff should attend Crown Court on sentencing occasions. Where a YOS staff member is unable to attend, probation staff may be asked to supply information on behalf of the YOS. In such cases the YOS will supply all available and relevant information to ensure the case can be dealt with effectively.
5. YRO Community Payback / CPO/ CPRO
Recent discussions and analysis of data has shown that a significant number of young people have been sentenced to Community Punishment Orders, without any accompanying Supervision requirement. Evidence has indicated that many of these young people have gone on to commit Serious Further Offences. For example, in 2008, 10 young people subject to Community Punishment Orders were charged with a Serious Further Offence, out of a total of 28 offenders of all ages sentenced to stand alone Community Punishment. This high percentage is a matter of concern and calls into question whether the implementation of stand alone Community Punishment Orders for young people is appropriate in terms of minimising the likelihood of such young people committing Serious Further Offences. (See Youth Transitions Report sections 5.4.1, 5.4.2
Youth Transitions
Click here to view Youth Transitions Report
Click here to view Annex 1: Summary of Action points identified by LP SFO Assessors
Click here to view Annex 2 : Data from Serious Further Offence Report Review
This has raised concerns in regards to:
- Communication between the YOS and London Probation Trust in regards to sentencing options and information provided once sentenced.
- Poor quality of Assessment of Risk, including the importance of previous non-compliance (court breaches) on prior Community Orders informing suitability for stand alone CPOs.
As a result, the YJB and London Probation have agreed the following procedure for the sentencing proposal of YRO Community Payback / CPO/ CPROs for young people.
YOS case manager to contact the local London Probation Trust Community Payback Unit (single point of contact - see Appendix A: Contact List Community Payback) once they have identified that an YRO Community Payback(***) is likely to be imposed or proposed in a PSR. The YOS case manager should discuss the young person's case, risk and suitability for YRO Community Payback. This must be completed a minimum of two days prior to sentencing. This will also serve to notify London Probation Trust of an impending sentence and possible intervention requirement.
*** Includes and refers to the Current Crime and Disorder Act 1998 Community Sentences CPO/ CPRO
In addition:
- The YOS case manager must consider risk and compliance on previous Orders in order to address suitability before contacting London Probation Trust in relation to a proposal for YRO Unpaid Work requirement. (using the YOS Risk of Harm Screening Checklist - see Appendix B: YOT Unpaid Work Risk of Serious Harm Screening Tool).
- If a YRO Community Payback requirement is agreed and proposed, once the sentence is imposed, information should be sent to the London Probation Trust Community Payback Unit via Secure Email with the Risk of Harm Screening Checklist outlined in Appendix B: YOT Unpaid Work Risk of Serious Harm Screening Tool. This should also include any known gang information (affiliations, oppositional gangs), if applicable, contained in the developing YOS Database recording system of gangs. Where applicable, a summary of any ongoing concerns and referrals following Channel Panel Assessments in cases where vulnerability or engagement in radicalisation and violent extremism exists will be provided.
- On sentence to YRO Community Payback, YOS Court staff should contact the Community Payback Unit from court with the young person to confirm the first contact (SPOC and hotline list of contact numbers in Appendix A: Contact List Community Payback). In the case of an out of borough young person receiving YRO Community Payback sentence the responsibility will be with the sentencing area YOS (Host YOS) to contact the Community Payback Unit from court with the young person to arrange first contact (SPOC and hotline list of contact numbers in Appendix A). The sentencing area YOS (Host YOS) should advise the responsible borough YOS (Home YOS) of this appointment on notification of court outcome.
- On sentence, notification of outcome and imposition of YRO Community Payback is to be sent to the Community Payback unit within 24 hours (as per National Standards). All relevant information should be sent to Community Payback with notification as described in Appendix E: Initial Appointment Letters.
- If a young person is sentenced at an out of borough court to an YRO Community Payback the sentencing area YOS (Host YOS) should notify the responsible borough YOS (Home YOS) and Community Payback within 24 hours (as per National Standards).
- YOS and London Probation Trust to record contact and information being sent/received to London Probation Trust/Youth Offending Team on their database systems for an audit trail.
- A full OASys will be completed by London Probation Trust staff for those young people sentenced to stand alone UPW Orders, where the RoH Screening Checklist (completed by the YOS) indicates such an assessment is required. (See Appendix B: YOT Unpaid Work Risk of Serious Harm Screening Tool).
6. Breach Processes for YRO Community Payback, Community Punishment Orders (CPO) and Community Punishment and Rehabilitation Orders (CPRO)
The supervision of an offender in both the YOS and the Probation Trust will be managed in accordance with their relevant National Standards. Any departure from National Standards will be agreed and recorded on the relevant database systems.
Enforcement action should always be completed prior to transfer. Where the YOS should have taken enforcement action but has not done so, responsibility for the case will remain with the YOS until such action has been completed regardless of whether the offender has attained 18 years of age. It is particularly important that responsibility for supervision is clear where a case is assessed as high risk of harm.
Where a young person is subject to a concurrent youth sentence and a Community Punishment Order, e.g. a supervision order and a CPO, or subject to a Community Punishment and Rehabilitation Order (CPRO), there should be a minimum of monthly communication between the two agencies to ensure continuity of recording and case management and completion of Community Payback hours is within timescale. Each agency will provide the other with the name of the respective case manager. If enforcement issues exist, there should be a minimum of weekly contact to ensure enforcement issues are swiftly and effectively resolved.
When a young person fails to attend an appointment with either agency, and this is recorded as an unacceptable absence, the other agency will be notified within 24 hours.
YOS case managers will take enforcement action after the third unacceptable failure to attend Community Payback in line with YRO National Standards for Orders with both UPW and supervision requirements. Breach action will be the responsibility of the YOS case manager. The YOS case manager has the responsibility for determining whether to instigate breach; however discussions with London Probation Trust / Community Payback should result in written reasons being recorded as to why breach proceedings are not being instigated. If agreement cannot be achieved as to whether to take breach action, the following clear process should be implemented.
The case should first be escalated to YOS Operations Managers/ Community Payback Quality Assurance Managers. Then, if the case decision remains unresolved, it should be escalated to YOS Managers/ Community Payback Scheme Managers. All decisions should be clearly recorded on respective database systems. If no agreement can be made regarding the dispute on breach, the YOS manager's decision is final as the YOS hold overall responsibility for the order. This must be recorded in line with National Standards by the YOS manager with the reasons for abstaining from taking breach action on the YOS database system and communicated to the relevant Community Payback case worker and SPOC.
When a YRO includes an UPW element in conjunction with a supervision requirement the UPW element should be completed within 12 months. If an extension period for the completion of the Community Payback element has been granted the YOS will retain responsibility for breach until the extension period expires regardless of the supervision requirement period expiring. An extension can be obtained by the Unpaid Work Unit contacting the relevant YOS to request the extension prior to the Supervision Requirement expiring. If an extension has not been sought for completion of UPW hours within the supervision requirement period (or 12 months) the onus will be on Probation to complete any breach action required.
The YOS case manager should maintain monthly communication with the Community Payback officer in reference to the completion of the UPW hours to ensure completion will be within the designated supervision period (or 12 months) and discuss whether an extension is required. It is the responsibility of the YOS case manager that all requirements of the order are completed and an extension is agreed if requirements will not be met within the supervision period (or 12 months). If the London Probation Trust case manager is unhappy with the progress of an extension being agreed by the YOS case manager, this situation should be escalated to line managers.
When a young person is subject to concurrent (but separately imposed) orders, i.e.; a Supervision Order and a concurrent stand alone Community Punishment Order, any breach will be dealt with by the organisation responsible for that order. In other words, the Supervision Order will be breached by the YOS and the Community Punishment Order will be breached by London Probation Trust. However, agencies should ensure that communication occurs in terms of breach being instigated, hearing dates being aligned (where possible), and re-sentencing proposals discussed. Any YRO with a single requirement for Unpaid Work should be breached by London Probation Trust - see below
When a young person completes the Community Payback element of an YRO Unpaid Work requirement, CPRO or stand alone CPO, the Community Payback unit will notify the YOS of the completion within five working days.
For cases that are currently being 'care taken' or undergoing the stability testing period (as defined within the National Case Responsibility Protocol) reference should be made to this document for responsibilities in completing Breach processes.
YRO Unpaid Work, Community Punishment Orders (CPO)
Enforcement of any breach of stand alone YRO Unpaid Work requirements / Community Punishment Orders will be the responsibility of London Community Payback. Enforcement should occur under the terms of YRO legislation and guidance, i.e. enforcement action being taken on the third unacceptable absence. These breaches will be actioned by London Probation Trust's Probation Prosecutors. Notification of intended breach will be communicated to the Probation Prosecutors within eight days of the last unacceptable absence. YOS will be notified of breach within 24 hours of breach being instigated and date of summons given. With reference to Community Punishment Orders, enforcement action will continue to be taken by London Probation Trust after the second unacceptable absence.
When a young person completes the Community Payback element of an YRO Unpaid Work requirement, CPRO or stand alone CPO, the Community Payback unit will notify the YOS of the completion within five working days.
7. Management of Risk - MAPPA
The transfer of any offender who is being managed within MAPPA at level 2 or 3 will be considered at the relevant MAPPA meeting no later than three months prior to the offender's 18th birthday and full discussion held at this multi-agency level to ensure all issues pertaining to case transfer are addressed. For those cases managed at MAPPA level 1, the YOS should inform the local MAPPA co-ordinator prior to transfer to ensure that the local London Probation Trust office is aware of the MAPPA level 1 status.
Where an offender is assessed by ASSET as being a high risk of harm and is at the point of being transferred, an OASys assessment will be completed by the YOS seconded Probation Officer and the case referred to MAPPA on an urgent basis (if this has not happened already) for full MAPPA assessment to occur.
It is expected that one of the key roles and responsibilities of the YOS Probation Secondees will include the management of MAPPA cases and attending MAPPA risk management forums as appropriate. Where an offender is subject to MAPPA, or is considered to be a high risk of harm, a three-way meeting should always be convened prior to transfer.
8. Victims
- Details of victims of violent or sexual offences where the offender receives 12 months or more in custody should be notified to the local London Probation Trust victim unit. - .The staff in the London Probation Trust victim units provide an information service to victims about sentences etc and act as a conduit for information from the victim that is relevant to parole decisions, licence conditions etc.
- If the Victim Unit receives information about victims direct from Crown Court, Victim Unit staff will notify the relevant YOS of their involvement.
- YOS case manager will notify Community Payback of any known concerns/issues relating to victims.
- The YOS frequently contact victims prior to sentence via YOS victim arrangements. It is important that victims contacted under such circumstances are informed that they will be contacted again via the London Probation Trust victim liaison scheme if the offender receives a custodial sentence of 12 months or more.
- YOS must contact both their own Victim Services and London Probation Trust's Victim Services to advise of any changes in custody circumstance, such as transfer to open conditions, Release on Temporary Licence (ROTL) and release at end of sentence. This will allow discussion of any appropriate restrictions to be added.
9. Deter Young Offenders (DYO)
In cases where a young person is currently on the Deter strand of the Priority and other Prolific Offenders (PPO) strategy, is approaching 18 years and is at risk of becoming an adult PPO, potential transfer to the borough adult PPO scheme should be sought. The YOS should refer the case to the relevant borough PPO panel approximately six months before the date of expected transfer. If the case is accepted by the panel as a PPO (Catch and Bring to Justice), a formal transfer plan should be agreed between the YOS case manager and the borough PPO team. The Probation offender manager within the borough PPO team will take on case management responsibility for the young person. A three-way meeting should always be convened prior to transfer.
If the case does not meet the criteria for acceptance onto the adult PPO (Catch and Bring to Justice) scheme, then transfer to the generic borough probation offender management unit should be arranged as normal.
Formal transfer occurs only once a three-way transfer meeting has taken place, otherwise case responsibility stays with YOS.
The DYO Scheme Management Framework5 should be adhered to.
10. Additional Information
Prevention
YOS officers and London Probation Trust offender managers should actively seek to exchange information in support of section 115 of the Crime and Disorder Act 1998. In the case of youth crime prevention, the expectation is that London Probation Trust offender managers will exchange information to support the work of Youth Inclusion and Support Panels. This means sharing relevant information on parents / carers under probation supervision who have children which may increase the risk of the children becoming involved in criminal activity. Where London Probation Trust is supervising adult offenders with children who would benefit from early intervention services or if the parents would benefit from parenting provision, referrals should be made to YOS for FIP/ YISP services. London Probation Trust SPOs must ensure relevant information is exchanged with YOS in a timely manner to support referrals to FIP, YISP.
In cases where adults receive custodial sentences and children are present, consideration should be made to refer to local authority early intervention teams (Integrated Youth Support Services - IYSS).
London Probation Trust seeking information on young offenders 18-19 years old
London Probation Trust should consider contacting the relevant Youth Offending Services pertaining to offenders that are 18-19 years old for background information and known concerns. Processes should be followed in terms of confidentiality and Single Point of Contact's (SPOCs) utilised for this information exchange.
Partnership Agencies
Within five working days of the three-way review meeting (or formal transfer), the YOS case manager should inform all relevant parties (e.g. other partner agencies involved) of the name and contact details of the new local Probation Trust case manager and the formal date of transfer. The YOS case manager will close the case in line with local YOS procedures. The local Probation Trust case manager will subsequently carry out contacts with the young person in line with the relevant NOMS National Standards- it is important that Young people transferred to London Probation Trust are made aware of the differing expectations of YJB and NOMS National Standards.
Click here to view CJS Management Framework - Deter Young Offender Scheme 020 8472 5412
Appendix A: Contact List Community Payback
Click here for North London London Directorate contact details
Click here for South London Directorate contact details
Click here for Court Hotline contact details
Appendix B:
YOT Unpaid Work Risk of Serious Harm Screening Tool
Click here to view Screening Tool
Appendix C: Case Transfer Checklist for YOS
Appendix D:
Flow Chart of Transfer Process
Appendix E: Initial Appointment Letters
Click here to view Initial Appointment Letter for Young Person Template 1
Click here to view Initial Appointment Letter for Young Person Template 2
Appendix F: Contact Details for Community Payback Sites
- Note to obtain maps click on the links in the table below
| FOREST GATE (East) |
15 Belton Road, Forest Gate, London, E7 9PF Telephone: 020 8472 5412 Fax: 020 8471 6673 |
| ROMFORD (East) |
29 -33 Victoria Road, Romford, RM1 2JT Telephone: 01708 753 555 Fax: 01807 752 096 |
| BITTERN PLACE (North) |
Unit 1, Bittern Place, Coburg Rd, Wood Green, London N22 6TP Telephone: 020 8826 4400 Fax: 020 8826 4401 |
| LANSDOWNE ROAD (North) |
90 Lansdowne Road, London, N17 9XX Telephone: 020 8808 4849 Fax: 020 8365 0981 |
| HARROW (North) |
Rosslyn Crescent, Harrow, Middlesex, HA1 2SR Telephone: 020 8574 1071 Fax: 020 8813 9124 |
| HIGH PATH (West) |
Martin Harknett House, 27 High Path, Wimbledon, SW19 2JL Telephone: 020 8545 8500 Fax: 020 8543 1178 |
| SOUTHALL (West) |
1st Floor, Kings House, The Green, Southall, Middlesex, UB2 4QQ |
| HARPENDEN HOUSE (South) |
248-250 Norwood Road, London, SE27 9AJ |
| BECKENHAM (South) |
6 Beckenham Road, Beckenham, Kent, BR3 4LR Telephone: 020 8658 3511 Fax: 020 8658 8678 |
| GREENWICH/LEWISHAM (South) |
39 Greenwich High Street, London, SE10 8JL Telephone: 020 8465 6000 Fax: 020 8463 1994 |
| Riverside House |
Beresford Street, Woolwich, SE18 6DH Telephone: 020 8855 5691 Fax: 020 8855 6147 |
| Lewisham |
208 Lewisham High Street, Lewisham, SE13 6JP Telephone: 020 8 297 7300 Fax: 020 8297 7301 |
Appendix G: Magistrates Court Senior Probation Officer Contact List
Click here for Crown Court Details
Court Email Addresses
YOT will need to use the following e-mail addresses to send information to London Courts:
nps.ActonMagistratesCourt@london.probation.gsi.gov.uk
nps.BarkingMagistratesCourt@london.probation.gsi.gov.uk
nps.BelmarshMagistratesCourt@london.probation.gsi.gov.uk
nps.BexleyMagistratesCourt@london.probation.gsi.gov.uk
nps.BlackfriarsCrownCourt@London.probation.gsi.gov.uk
nps.BrentMagistratesCourt@London.probation.gsi.gov.uk
nps.BrentfordMagistratesCourt@London.probation.gsi.gov.uk
nps.BromleyMagistratesCourt@London.probation.gsi.gov.uk
nps.CamberwellGreenMagistratesCourt@london.probation.gsi.gov.uk
nps.CentralCriminalCourt@London.probation.gsi.gov.uk
nps.CityofLondon.MagistratesCourt@london.probation.gsi.gov.uk
nps.CourtOfAppeal@London.probation.gsi.gov.uk
nps.CroydonCrownCourt@london.probation.gsi.gov.uk
nps.CroydonMagistratesCourt@london.probation.gsi.gov.uk
nps.EalingMagistratesCourt@london.probation.gsi.gov.uk
nps.EnfieldMagistratesCourt@london.probation.gsi.gov.uk
nps.FelthamMagistratesCourt@london.probation.gsi.gov.uk
nps.GreenwichMagistratesCourt@london.probation.gsi.gov.uk
nps.HarrowCrownCourt@London.probation.gsi.gov.uk
nps.HarrowMagistratesCourt@London.probation.gsi.gov.uk
nps.HaveringMagistratesCourt@London.probation.gsi.gov.uk
nps.HendonMagistratesCourt@London.probation.gsi.gov.uk
nps.HighburyCornerMagistratesCourt@London.probation.gsi.gov.uk
nps.HighgateMagistratesCourt@London.probation.gsi.gov.uk
nps.InnerLondonCrownCourt@London.probation.gsi.gov.uk
nps.IsleworthCrownCourt@london.probation.gsi.gov.uk
nps.KingstonCrownCourt@London.probation.gsi.gov.uk
nps.KingstonMagistratesCourt@London.probation.gsi.gov.uk
nps.NewhamStratfordMagistratesCourt@London.probation.gsi.gov.uk
nps.RedbridgeMagistratesCourt@London.probation.gsi.gov.uk
nps.RichmondMagistratesCourt@London.probation.gsi.gov.uk
nps.SnaresbrookCrownCourt@London.probation.gsi.gov.uk
nps.SouthWesternMagistratesCourt@London.probation.gsi.gov.uk
nps.SouthwarkCrownCourt@London.probation.gsi.gov.uk
nps.SuttonMagistratesCourt@London.probation.gsi.gov.uk
nps.ThamesMagistratesCourt@London.probation.gsi.gov.uk
nps.TottenhamMagistratesCourt@London.probation.gsi.gov.uk (Haringey Magistrates Court)
nps.TowerBridgeCourt@London.probation.gsi.gov.uk
nps.UxbridgeMagistratesCourt@London.probation.gsi.gov.uk
nps.virtualcourt.camberwell@london.probation.gsi.gov.uk
nps.WalthamForest@London.probation.gsi.gov.uk
nps.WestLondonMagistratesCourt@London.probation.gsi.gov.uk
nps.WestminsterCityofMagistratesCourt@London.probation.gsi.gov.uk
nps.WimbledonMagistratesCourt@London.probation.gsi.gov.uk
nps.WoodGreenCrownCourt@London.probation.gsi.gov.uk
nps.WoolwichCrownCourt@London.probation.gsi.gov.uk
nps.WoolwichMagistratesCourt@london.probation.gsi.gov.uk (Greenwich and Woolwich)
Appendix H: Map of Community Payback Operational Clusters
Appendix I: London Probation Trust and Youth Justice Board - London Region Service Level Agreement - April 2010
This Service Level Agreement specifies the following:
- The strategic interface between London Probation Trust, the 32 London Youth Offending Teams (YOTs) and their Youth Offending Service (YOS) Management Boards, and the Youth Justice Board - London Region (YJB - LR).
- The role and management of probation officers seconded to Youth Offending Teams (YOTs).
1. Strategic interface
Strategic interface: London Probation Trust and Youth Justice Board - London Region
The London Probation Trust Director (South) and ACO Youth Offending and the YJB Head of Region will meet on a quarterly basis to review progress against joint outcomes, with a particular focus on the key priority areas outlined above, and to undertake joint planning. This will link directly into the work of the regional strategic partnership boards including:
- London Community Safety Partnership
- London Safeguarding Children Board
- London Multi Agency Public Protection Arrangements (MAPPA)
- London Serious Youth Violence Board
- London Criminal Justice Partnership
- London Anti Social Behaviour (ASB) Board
- The London Youth Reducing Re-offending Programme (Daedalus).
Strategic interface: London Probation Trust and London YOT/S:
London Probation Trust is a statutory partner within each of the 32 London YOT/S and has responsibility for seconding probation officers to YOT/S.
London Probation Trust and London YOT/S work together across a range of strategic outcomes and targets. However the key cross-agency priorities for the three year period 2008 - 2011 are:
- The assessment and management of the risk of harm of young people known to both agencies.
- Improving the management of young people subject to MAPP Arrangements at a multi-agency level.
- Improving the management of young people subject to Prolific and other Priority Offender (PPO) Schemes.
- Improving the process and implementation of transferring cases between YOT/S and London Probation Trust and the sharing of information between agencies.
- Improving the quality of service provided to victims entitled to statutory contact arrangements
- Improving and making more consistent Compliance and enforcement procedures practiced by London Probation Trust and the 32 YOTs.
- Identifying learning issues from Serious Further Offence and Serious Incident investigations and improving practice as a result.
These priorities will form a focus for the strategic interface between London Probation Trust and the London YOT/S and for the role of seconded probation officers within YOT/S.
The strategic interface between the assigned London Probation Trust and the London YOT/S will be managed in the most efficient and effective way possible. The key interfaces have been identified as the following:
- The interface between the London Probation Trust Local Delivery Unit (LDU) Assistant Chief Officer (ACO) and the YOT/S Manager
- The interface between the assigned London Probation Trust line manager and the YOT/S line manager of the London Probation Trust secondee.
- The interface between London Probation Trust Senior Management Team and the Youth Offending Service Management Board
- London Probation Trust Practice Forum meetings - a meeting set up for London Probation Trust seconded staff.
- YJB, YOT/S and London Probation Trust joint Forums operating to provide communication channels between key London Probation Trust secondees and Managers, YOT/S managers and YJB managers.
Since December 2009 London Probation Trust ACOs have been managing probation work in discrete Local Delivery Units comprising either one or two London boroughs. Each ACO will nominate a Senior Probation Officer (SPO) as 'Liaison SPO' for each borough, reflecting the structure of the YOS. London Probation Trust will expect the Liaison SPO to engage with the relevant YOT/S Management Boards and YOT/S Managers. The Liaison SPO will report directly to the LDU ACO concerning YOS/T London Probation Trust issues.
Local Delivery Unit ACOs and YOT/S Managers
The Local Delivery Unit (LDU) ACO and the YOS Manager will hold twice yearly strategic review meetings to ensure progress against joint outcomes with a particular focus on the key priority areas identified above. These meetings should shape the joint working between London Probation Trust and the YOT/S in each borough. For London Probation Trust this will assist the ACO in determining which issues can be addressed through the borough and which need to be addressed by the ACO personally.
YOS Management Board
LDU ACOs will be the formal London Probation Trust representatives on each of the 32 YOS Management Boards. London Probation Trust attendance will normally be undertaken by the LDU Liaison SPO who will act on behalf of the ACO. The ACO and YOS Board chair will liaise with regard to any circumstances where attendance by the ACO personally might be appropriate.
2. The Role of Seconded Probation Officers in YOT/S
Probation Officers seconded into YOT/S will be involved in the delivery of specifically targeted services to young people, victims, families and the community. Their role should clearly reflect the key strategic priorities identified.
Seconded Probation Officers will need to be competent across the normal range of probation officer skills and in particular will need to focus on:
- Developing new skills and knowledge in relation to youth justice and working with young people.
- Arranging their workload to ensure that they spend the majority of their time working with the intensive band of young people once the scaled approach is implemented. It is essential that secondees prioritise working with young people whose cases are scheduled to be transferred to London Probation Trust.
- Developing and sustaining probation related practice skills and knowledge within the multi agency environment of the YOT/S.
- The effective assessment and management of risk, in particular working with higher risk cases, including MAPPA and PPO managed cases. Attending MAPPA Risk Management forums.
- Effective liaison with other agencies in relation to the offender management of cases in particular MAPPA and PPO cases.
- Specialising in working with 16 - 17 year old offenders. Any work outside of this age banding should not be at the expense of the 16 - 17 age group.
- Participating in the YOT/S generic office duty function, but will not be assigned Appropriate Adult duties. The YOT/S PO will be expected to undertake breach duties in the Youth and Crown Court where appropriate.
- Being confident in undertaking Compliance and Enforcement procedures.
- Working effectively at the practice interface between the YOT/S and local London Probation Trust operational units with particular reference to effective case transfer and the sharing of information.
- Effective liaising with London Probation Trust Victims' Units and Community Payback.
- High quality punctual completion of OASys assessments on 17 year olds at the point of transfer London Probation Trust.
The seconded PO's focus on working with offenders designated as being subject to the intensive band of case management does not mean that the PO is responsible for the effectiveness of the YOT/S risk management process. This remains the responsibility of the YOS Partnership.
YOT/S POs should not be expected to be on the generic court duty rota. This may be negotiated depending on the size and needs of the YOT/S and, as such, will be business led. In these situations, the YOT/S PO will work under London Probation Trust terms and conditions of employment. YOT/S POs will not be expected to be part of a Court Specialist Team, as this would prejudice the development of the key objectives of the secondment.
Management framework to support and hold to account YOT/S POs
Each London Probation LDU ACO and YOS Manager will need to ensure the following facilities/ structures are available:
- Ensuring Secondees are given time to access London Probation Trust laptops or IT system (where London Probation Trust laptop is not available) on a fortnightly basis.
- A line manager within the YOT/S is identified as providing supervision to the London Probation Trust secondee.
- A SPO in the relevant LDU is identified as the Liaison SPO.
- An initial meeting between the line manager from the YOT/S, the Liaison SPO and the London Probation Trust secondee to confirm induction arrangements and to identify initial support/learning needs occurs within 2 weeks of the secondee's commencement at the YOS/T.
- The Liaison SPO, the YOT/S line manager and the seconded PO meet on a quarterly basis to review progress against performance targets, identify learning needs and review secondment arrangements.
- Seconded POs receive monthly planned supervision regarding current work and professional development from the YOT/S line manager.
- YOT/S line managers provide annual appraisals concerning the London Probation Trust secondee with contributions from the Liaison SPO using the local authority appraisal process.
The secondment should be agreed by all parties to be of not less than two years duration and, exceptionally, with the agreement of the YOT/S, London Probation Trust and the seconded officer, not more than three. From the outset, there will be ongoing planning for the Seconded Officer's eventual return to London Probation Trust to ensure that at the end of the secondment period the officer is ready to return to work effectively in a probation operational unit. This should include a meeting six months before the return date to plan the PO's exit from the YOT/S and return to London Probation Trust. The Liaison SPO is responsible for ensuring this process is actively managed.
A secondment protocol specific to the management and role of seconded Probation Officers has also been agreed between London Probation Trust and the Youth Justice Board - London Region.
End