POLICE/SOCIAL SERVICES

Transcription

1 POLICE/SOCIAL SERVICES JOINT PROTOCOL CHILDREN MISSING FROM CARE IN NORTH WALES August 2004

2 INDEX 1. INTRODUCTION 2. PLANNING BEFORE THE EVENT 3. CHILD 4. RISK ASSESSMENT 5. CATEGORISATION OF MISSING 6. RESPONDING TO AN INCIDENT 7. MISSING DURING EXTERNAL ACTIVITY OF A RESIDENTIAL HOME 8. LONGER ABSENCES 9. MONITORING 2

3 POLICE/SOCIAL SERVICES JOINT PROTOCOL FOR CHILDREN AND YOUNG PERSONS MISSING FROM CARE IN NORTH WALES 1 INTRODUCTION 1.1 Children and young persons who go missing from Social Services care invariably place themselves, and often others, at risk. Many young people are vulnerable in a number of ways. Children / Young persons who live in care of the local authority will be as vulnerable, if not more so, because of the reasons for them coming into care. Often, when they are unsettled, they will return to the family home. Sometimes they run from it. On other occasions they will be worried about something which is due to happen on that day, such as a difficult meeting or school encounters. Those children / young persons who are frequently absent without permission from a home unit do so due to the attractions of their friendships and lifestyle outside. Staff might know where they are, but often know their activities could involve considerable risks which may include sexual exploitation, drugs, solvents or alcohol abuse, violence, crime, self harm or neglect of their own health. Sexual exploitation can involve children and young persons in prostitution, often exacerbated by homelessness. The reasons for their absence are varied and complex and cannot be viewed in isolation from their home circumstances and their experiences of care. Every missing episode should, therefore, attract proper attention from the professionals involved with the child and those professionals, in turn, must collaborate to ensure a consistent and coherent response is given to the child / young person on his/her return. 1.2 The Police are frequent partners of Social Services in managing missing episodes and it is, therefore, important that staff in both agencies work together. This joint protocol has been developed to assist in this and combines aspects of Social Services and Police procedures in relation to missing persons such that, where they overlap or interface, respective actions and responsibilities are clear. 1.3 Even after reporting a child / young person as missing, it should be recognised that Social Services are responsible for those in their care at all times and this responsibility is not absolved when they have reported a child / young person as missing to the Police. 1.4 As a result of the thorough risk assessment process, the Police will be confident that any child / young person reported to them by Social Services are genuinely vulnerable missing persons and the appropriate response implemented. 3

4 2 PLANNING BEFORE THE EVENT 2.1 Prior to each planning meeting, including pre-placement meetings, Social Services staff must consider whether it is appropriate to discuss associated risks of the child / young person absenting him/herself. Where it is appropriate the discussion should include the following and be recorded in the care plan: The degree of risk of the child / young person absconding The level of supervision/support offered to the child / young person The parents advice on what action they feel should be taken if the child / young person goes missing The level of risk presented if the child / young person absconds 2.2 Where considered appropriate, the child / young person should be given a copy of this protocol and have explained to him/her what actions will be taken if he/she absents his/herself without permission. 3 CHILD / YOUNG PERSON 3.1 For the purpose of this protocol, a child will be a person under the age of 18 years, as per the definition under the Children Act RISK ASSESSMENT 4.1 If a child / young person goes missing or is discovered to be absent, Social Services will undertake a risk assessment to ascertain the level of risk. 4.2 The child / young person should not be reported to the Police until this process has been completed. If through the assessment of risk a child / young person is deemed missing or absconded, the Police should be notified immediately. It is important therefore that early risk assessment is in place. 4.3 In assessing areas of risk, the following factors should be considered: Is the child/young person s name on the Local Authority Child Protection Register Age of child / young person Who has parental responsibility History of absence Time of day/night Health Issues, medication and health status. Previous behaviour patterns State of mind at time of absence Whether child / young person is subject to a Court Order, through the Civil Court or remanded into Local Authority accommodation Any guidance already agreed within child s own care plan Whether child is perceived as running to someone or from a situation Group behaviour Any other particular circumstances at time of absence 4

5 5 CATEGORISATION 5.1 A child / young person is considered to be missing if he/she is absent from his/her place of residence without authority. 5.2 Having completed the risk assessment process, Social Services staff should be clear into which category the child / young person s absence falls. These categories are: 5.3 UNAUTHORISED ABSENT: This category is critical to the clarification of roles of the Police and Social Services Clearly some children / young persons absent themselves for a short period and then return. Such children / young persons may be testing boundaries and are not necessarily considered at risk. Any child / young person s absence falling within this category will not be routinely reported to the Police Children / young persons who fall within this category must be the subject of continuous risk assessment whilst they remain absent. During their absence circumstances may change and Social Services staff need to be in a position to respond accordingly In this phase Social Services will take all reasonable and practical steps which a good parent would take to establish the whereabouts of a child / young person, or the location of any persons with whom he/she is likely to be associating and arrange for those places to be checked If the location of the child / young person is known or suspected, then it is the Social Services responsibility to locate and return them. However, if there are believed to be specific issues of safety or public order difficulties involved in returning them, then the Police will assist in the recovery process. These circumstances would not mean that the child / young person should be categorised as missing or absconded The category of Unauthorised Absent will only be applicable for a maximum of 6 hours. Any absence exceeding that period, where the location / whereabouts of the child / young person are not known, will be re-categorised as Missing and the Police will be notified Social Services should therefore record all steps and enquires they have undertaken to find the child / young person. 5.4 MISSING When the child / young person s location, or their reason for absence is unknown and there is cause for concern for them because of their vulnerability or there is potential danger to the public. 5

6 5.4.2 Any child / young person s absence falling into this category will be immediately notified to the Police. 5.5 ABSCONDED An absconder is a child / young person who has, as a result of a Court Order, been remanded into Local Authority accommodation. Such children / young persons may be arrested without warrant when absent without permission of the person responsible for him/her In responding to and managing an individual child / young person s absence from care, both Social Services and Police Staff should be aware of dismissing the potential significance of multiple absconding by a young offender. Often such young people are immediately labelled as the problem and insufficient consideration given to why they are persistently absenting themselves Consideration need to be given by both Social Services and Police Staff to the legal status of the child / young person remanded by the Courts. The management of such absences may therefore not be their sole responsibility. The involvement of the Youth Offending Team (YOT), the CPS and the Youth Court may be necessary. 6 RESPONDING TO AN INCIDENT 6.1 When a child / young person absents him/herself without permission it is necessary to initiate procedures which encourage him/her to return as quickly and safely as possible and ensuring he/she is treated positively on return Whoever discovers that a child / young person has absented his/herself without permission from a residential home should inform the Manager on duty of this immediately or, if a child / young person absents him/herself from foster care, the Social Services Duty Officer (or out of hours, the Social Services Emergency Duty Team) for the area from which the child / young person comes from The Social Services Manager on duty or the Team Leader will consider whether the absence causes such concern as to fall within this protocol. If it does not, the Manager or the Team Leader should take whatever steps are appropriate to secure, without delay, the safe return of the child / young person to the establishment or to the home If the absence is considered to fall within this protocol, the Manager or the Team Leader should, without delay, inform: Police: who will treat the matter as involving a Vulnerable Missing Person - High Risk Parents: including those who have Parental Responsibility Social Worker Where, initially, the Senior Manager on duty or the Team Leader has decided that the absence does not fall within this protocol, this decision should be reviewed frequently 6

7 if the child / young person does not return or his/her whereabouts are not identified. If such a period of absence continues for 6 hours from when the absence was first noted it should be considered to come within this protocol. This should be seen as a MAXIMUM period and in most situations much shorter periods will be appropriate Any case of a missing child / young person which causes particular concern or difficulty or where circumstances give rise to suspicion should be brought to the attention of the Senior Manager - Services and Divisional Commander or member of the Command Team without delay. The Senior Manager - Services and Divisional Command Team member will then decide on further action and consider the need to inform the Head of Operations/Assistant Chief Constable Any absence lasting for 24 hours should be reported to the external line manager by the Senior Manager - Services of the home, the Social Worker or Foster Carer Any absence lasting for 48 hours should be reported to the Area Manager by the homes external line manager, the Social Worker or the Foster Carer Any absence lasting for 5 days should be reported to the Head of Operations by the Area Manager and to the Registration and Inspection Team for a young person in residential care / Foster Carer. 6.2 INFORMATION TO BE MADE AVAILABLE When reporting the matter to Police, the Social Services Senior Manager on duty or the Duty Officer should make available: Whether child / young person is on the Local Authority Child Protection Register A description of the child / young person When the child / young person was last seen and with whom A recent photograph Family address Address from which missing Known acquaintances Any previous history of absconding The name and address of the child / young person s GP and Dentist Legal status of child / young person Name of Social Worker Circumstances which increase the risk to a child / young person should be drawn to the attention of the Police It is the responsibility of the Social Services to provide comprehensive information to the Police to enable all the risk factors to be considered. 7

8 6.3 INFORMING THE PRESS It is for the Police to advise the media regarding a child / young person missing from the care of the Local Authority. This may be arranged at local level by direction of the Divisional Commander (or nominee). A decision to publicise by press and/or television will always be made in consultation with Director of Social Services and with prior warning, in order to consult with the parents and in the event that further consideration is necessary regarding the status of the child (ie. Ward of Court.) In the event that Press/Media make direct contact with members of the Social Services Department they should be referred to the Police Press Office. 6.4 POLICE ACTION PLANS The Police will treat any child / young person reported to them as missing as being VULNERABLE - HIGH RISK and respond in accordance with the North Wales Police Force MFH Policy in such cases. (See Appendix A ) The Police Missing Persons database will automatically generate a CID 16 for any child or young person under the age of 18 years who is reported as missing, including those missing from care. The Family Protection Unit will therefore be notified of every incident of a child / young person missing from care. The Police will maintain close liaison with Social Services throughout the period of absence and will assist in the process of planning for the return. Early liaison with Family Protection Units is essential as they may have useful information to assist A Police Officer will be designated to interview all returned children / young persons with a view to gaining an understanding of the reason(s) why they chose to leave and to establish whether they had been victims of offences, committed offences or been victims of abuse whilst missing or in the care of the Local Authority as well as any concerns they may have in relation to their care placement. The interview should be carried out in a neutral environment. This means that the home address or Police Station may not suitable environments for such questioning. The wishes of the child as to location should be taken into consideration as well as their language of choice. Information concerning where they had been whilst missing and who they had been associating with will be collated. The main consideration will be the care and welfare of the child / young person by the building up of confidence and trust. The Police will ensure consistency of approach and response in dealing with those who abscond from Local Authority accommodation The Interviewing officer can if he/she feels it will assist with the interview of the missing person ask an independent person or advocate to be present. The "independent person" should have no formal line management links with the home, or foster placement, nor should be related to any member of staff within the home or its line management The interview will take place as soon as practicable and in any case within 72 hours of the return. 8

9 6.4.6 The Interviewing Officer will have attended a Police/Social Services Joint Investigation and Achieving Best Evidence (or Memorandum of Good Practice) Course and will be fully conversant with Child Protection Procedures. 6.5 RECORDING Throughout the process identified within this protocol, a full record must be kept of all actions taken and messages received/given. This recording should be made within the home s log book, with a duplicate entry on the child / young person s file (this latter recording could merely be a photocopy of the log book entries if this is deemed appropriate, or directly on the child / young person s file in the case of an absence from a foster home) The Police Force Forms CID 38 will be used to record details of missing person by all agencies. The Police will use CID 121 Missing Person Log to record all actions taken/messages received. 6.6 PLANNING FOR RETURN If a child / young person s absence continues beyond a few hours and falls within this protocol, the Social Services Senior Manager on Duty or the Social Services Duty Officer, if possible in consultation with the Social Worker, the parents and Police, where appropriate should commence contingency planning for when the child is located. Such plans should include: Will the child / young person return to the previous placement? If so, consideration should be given as to what the wishes and feelings of the child / young person may be to that return. How will he/she be conveyed there? Do the Police wish to interview the child before he/she is returned to his/her placement? Who will be an appropriate independent person to talk to the child after his/her return? Will the child / young person require a health assessment, medical examination or advice The Police will co-operate in the plans developed with Social Services to return a child / young person to his/her residence Normally the Social Services Department will make transport arrangements for returning a child / young person to his/her residence. It will only be in exceptional circumstances that the Police will assist in this Occasionally, however, especially if the young person is over 16 years and is being looked after, the Police may have limited power to enforce a return if the young person resists this and is not apparently at any risk. 9

10 6.6.5 Where a missing young person is over 16 years and is being looked after by the Social Services, prior discussions should take place between Social Services and Police regarding their powers to enforce a return Where a young person is the subject of a remand by the Courts either on Bail or Remanded to the Care of the Local Authority, consideration should be given as to the appropriateness of reporting the breach to the court. Where a decision is taken to place the young person before a special Court or the next available Court in relation to the breach, YOT/Social Services staff will provide a report to the Court concerning the breach. YOT, Social Services and Police staff should discuss the appropriateness of inserting or amending conditions to the remand as a way of managing any future absences. 6.7 COMMUNICATION Should a child / young person s absence continue, and after Police, Social Worker and the parents have been informed, the Senior Manager of the home should make arrangements to inform all children / young person and staff within the home. In this way, distressing rumours may be avoided and additional information regarding the missing child / young person s whereabouts might be obtained. The child / young person s school should also be informed in case they, too, have any information regarding his/her whereabouts. Any such information should be passed to the Police. 6.8 THE RETURN 10

11 6.8.1 In the circumstances where the child / young person s absence was categorised as Unauthorised Absence, they should be told that we would expect him/her to talk to someone independent of the home or the foster home about the absence. He/she should be advised that this would normally be the Social Worker but if he/she wishes, an independent advocate, or other suitable person will be made available. The independent person should have no formal line management links with the home or be related in any way to any member of staff within the home or its line management Where a child / young person s absence had been categorised as Missing or Absconded and as such coming within this protocol consideration will already have been given during the planning stage for the interviewing of the child / young person. He/she should be told that we would expect him/her to talk to someone independent of the home or the foster home about the absence and advised that this would normally be a Police Officer. If he/she wishes to speak to another person then the same consideration must be given to the selection of the independent person as at It is the responsibility of the Senior Manager of the home to ensure the child / young person receives an interview with an independent person within 72 hours of his/her return from absence On the child / young person s return his/her medical condition should be discussed immediately and an offer made to arrange medical attention. Where there is an apparent injury discovered on his/her return which may indicate abuse, immediate arrangements should be made for a strategy meeting in accordance with the All Wales Child Protection Procedures Parents (including all those with Parental Responsibility), Police, Social Worker and all others informed of the absence should, without delay, be advised of the child / young person s return In consultation with the home staff, the Social Worker and line manager should decide whether a special strategy meeting is required. 7.1 MISSING DURING EXTERNAL ACTIVITY OF A RESIDENTIAL HOME The person in charge of the external activity will: Notify the local Police in that area Notify a Senior Manager at the home Institute a local search if staffing levels permit The Senior Manager of the home will be responsible for ensuring the general procedures in relation to a missing child / young person are followed.

12 7.1.2 The Senior Manager of the home and the person in charge of the party will decide within 24 hours of the absence whether the party should return to the home Ongoing communication regarding the missing child / young person will be maintained between the home and the Police local to where the absence occurred North Wales Police will assist Social Services in liaising with outside Police Forces. 8 LONGER ABSENCES 8.1 Whenever a child / young person is missing for 14 days, a strategy meeting should be held, attended by the Social Services Area Manager, Police Divisional Commander (or his nominee) together with other appropriate staff from other agencies, including Health and designated professionals for child protection and looked after children. At this meeting these Senior Officers should elicit a clear statement of the actions being taken in respect of the absence and should satisfy themselves that all that should be done is being done. 8.2 The Police Force Intelligence Bureau will notify the Police National Missing Persons Bureau of a missing child / young person 28 days after going missing. 8.3 The Social Services Department Head of Operations should normally review all cases where children / young persons have been absent for 6 months or more and should satisfy him/herself on the actions taken. 8.4 Whilst the child / young person remains absent, his/her case should be identified as open on the Social Services Client Information System and should be reviewed at six monthly intervals by an Officer at Assistant Director level. 8.5 All Police missing person files will remain live until the person is traced or until the Divisional Commander is satisfied all lines of enquiry have been exhausted. He will then forward the file to the Assistant Chief Constable who will take the decision to file or otherwise. 8.6 Where the Assistant Chief Constable has made the decision to file, the Force Intelligence Bureau will be responsible for bringing forward the file on persons who remain missing for review by the Detective Superintendent Crime Operations, 12 months after the file date. 12

13 9 MONITORING 9.1 STRATEGIC REVIEWS Having agreed a risk assessment process, each Area Child Protection Committee should conduct annual reviews, looking at returns from Police and Social Services, develop a multi-agency approach, consider particular reports and issues, and make recommendations for improved practices where necessary The following issues would be monitored locally and reviewed strategically: Agreed categories Incidence Destination of missing children (clubs, pubs etc) Child protection practices and procedural issues Working with the press Shared information and procedures Action on return 9.2 LOCAL MONITORING In line with Regulation 20 if the Children s Homes Regulations 1991, each Home, Foster Carer and Social Worker should maintain a record of incidents of children reported as missing from the home, and collated centrally by the Social Services Department This record should be maintained in a way that facilitates easy monitoring of incidents and should be kept for the child, the Home, the Foster Carer and the Authority to identify homes and children at risk. This information will be aggregated for the Annual Strategic Review (para 9.1) and should include: Name of child / young person Date and time reported missing Category of concern Date and time of return Reason for absence Brief details of follow-up action 13