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1 Reparation Protocol i

2 ii

3 Contents: Aims and Objectives of Reparation 5 1 Health and Safety 6 2 Risk Management 6 3 Safeguarding 6 4 Code of Conduct 7 5 Information Sharing 8 6 Reparation Process 8 7 Expectation of External Agencies 9 8 Arbitration 9 9 Equal Opportunities 9 10 Staffing and Professional Input 9 11 Mentoring and Reviewing Arrangements Security Accidents After Placements Evaluation Agreement 11 iii

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5 Reparation Protocol Aims & Objectives of Reparation Reparation is the process by which young people (defined as someone between the ages of 10 and 17 years old) who have offended undertake specific tasks with the aim to make amends for their behaviour. It is designed to help these young people understand the consequences of their offending and to take responsibility for their behaviour. Reparation is split into two main types: 1. Direct Reparation: This occurs when reparation is made directly to the victim. This can include some form of work, ie. gardening, painting or something else as agreed by the parties. This can also include writing a letter of apology. (Please see Bromley YOT Victim Policy for more information) 2. Indirect Reparation: This occurs when the victim does not want to participate, does not want the young person to undertake direct reparation, when there is either no victim, or they are not contactable. It involves the young person undertaking work in the community on a project or work organised by the YOT. This guidance deals solely with indirect reparation. reparation please refer to Bromley YOTs Victim Policy. For information on direct Reparation should be a meaningful activity that benefits both the community and young person; be agreed upon by the victim (where possible) the young person and their parents and carers; increase public confidence in the criminal justice system; Statutory Responsibility 1 Health & Safety 1.1 Reparation is an important part of a young persons order. It can also be their first exposure to a working environment. As well as ensuring that they make recompense for their previous erroneous actions it provides an opportunity to develop an early understanding of the importance of health and safety. 1.2 Every person involved shall ensure that the young people undertaking Reparation are protected from any risks to their health or safety, which are the consequence of their lack of experience, or absence of awareness of existing or potential risks or the fact that the young person has not fully matured. v

6 1.3 Every Reparation Project will have a health and safety assessment undertaken by the YOT, which will where possible take account of the external organisations policy. 2 Risk Management 2.1 Bromley YOT to assess the risks to which those undertaking Reparation are exposed to whilst on the placement. 2.2 Bromley YOT in conjunction with the external agency where necessary will introduce and maintain appropriate measures to eliminate or control the risks. 2.3 All parties involved to be provided with adequate training and supervision. 2.4 A definition and plan of the work to be carried out by the young person will be devised and personal protective equipment, and appropriate tools will be provided where necessary. 2.5 Provisions will be made and extra support offered for young people with special needs, such a disabilities or learning difficulties where required. 3 Safeguarding: 3.1 We aim to safeguard children at all times, by delivering our services safely and by sharing information with the appropriate authorities when there is a concern. We also aim to safeguard our employees and volunteers against false allegations. 3.2 Concerns regarding a young person s safety should initially be passed on to the YOT representative on site in the first instance. If not available or not deemed appropriate due to the nature of the complaint, the Reparation Coordinator or Young Person s YOT Officer should be notified. 4 Code of Conduct: 4.1 As with most events, there are grounds rules aimed at making sure the project is safe and beneficial to all concerned. 4.2 All young people whilst on Reparation are subject to the YOT Behaviour Policy, which consists of the following: You are there to work; You should do as you are asked to the best of your ability, but you should not be afraid to ask if you don't understand any instructions or you do not know how to do it; Smoking is not permitted, except during breaks and only within pre-agreed areas; vi

7 Mobile phones are to be switched off, except during the breaks; Foul language is not tolerated 4.3 Behaviours that will lead to immediate breach action are: Any physical assault upon another; Deliberate damage of any property. 4.4 Additionally for either of the above, the police will be informed and prosecution pursued. 4.5 The following behaviours will be dealt with by formal warning in the first instance; this may contribute to breach action in line with the YJB National Standards for England and Wales: Threats to staff or other service users Lateness of more than 15 minutes Attending unfit through drink or drugs (person will also be excluded from that session Failing to attend an appointment without verifiable acceptable reason Bringing stolen goods or illegal substances onto premises Sexual activity on premises 4.6 The following behaviours will initially be addressed through informal challenge, if they persist; they will lead to a formal warning as above: Discriminatory comments, including racists or sexist remarks Verbally abusive or aggressive comments Being inappropriately dressed for the activity planned, including wearing hats/hoods that obscure face Being disrespectful or negative to and/or about others Shouting 5 Information Sharing 5.1 The Crime and Disorder Act 1998 states that information should be shared between agencies if it contributes to the reduction of prevention of offending. Moreover it is the duty of all parties involved with young people to ensure that they are appropriately safeguarded and any concerns passed onto Children s Services as necessary. 5.2 Information will be shared in line with the London Borough of Bromley Information Sharing. This will include necessary risk and vulnerability information being shared with those parties involved in order to ensure the protection of all. 5.3 Prior to the placement commencing there should be an exchange of signed agreements from all parties with a defined work programme including the nature of the work and any associated risk assessments and control measures. Before the young person takes up the placement the parents / carer of the young person must be informed of the key findings of the risk vii

8 assessment and the measures that will be in place to minimise the risks. The agreements should include: A plan of work for the placement. Arrange for the safety induction on arrival at the project, which covers health and safety issues, fire safety arrangements for the buildings/locations they will be working in and accident and emergency arrangements. Arrangements for the young people to be appropriately supervised at all times. 6 Reparation Process 6.1 All young people undertaking Reparation will be accompanied by a YOT Representative unless otherwise agreed with the outside agency. Should a YOT Representative not be present it will be the responsibility of the main contact to ensure that these procedures are upheld. 6.2 Young people on Reparation should be protected from any risks to their health and safety. In addition, young people will not be permitted to undertake Reparation where the work is deemed to: be beyond their physical or psychological capacity; involve risk of accidents which they may not reasonably recognise; include access to them by other persons that may pose a risk, such as through the location of the project or other persons attending; increase their risk of re-offending through factors such as contact with significant other or location of the project. 7 Expectations upon External Agencies 7.1 Identify the tasks the young person will be undertaking and the areas/environment they will be working in. 7.2 Assess the risks associated with the tasks to be undertaken and in particular consider the following: How the workplace is fitted and laid out and whether this could cause any problems to the young person. What type of work equipment will be used, how it is handled and whether any training is needed. 8 Arbitration 8.1 If either party has an issue regarding the Project or the conduct of young people or staff a meeting will be arranged within 5 working days of the issue being raised. The YOT and an appropriate representative from the Project will meet to discuss the issue and seek appropriate resolution. viii

9 8.2 If an agreement cannot be made between the two parties then the matter can be escalated to the YOT Manager for a final decision to be made, with either party giving a minimum of one weeks notice in writing to terminate the project if a satisfactory agreement cannot be reached. 9 Equal Opportunities 9.1 Bromley YOT and the Project must not discriminate on the grounds of the following; gender, age, race, religion, disability, ethnic or national origin. 9.2 Bromley YOT and The Project must ensure that its services reflect the needs of clients who are from ethnic minorities and comply with the Code of Practice of the Race Relations (Amendments) Act 2000 and any other relevant legislation. 9.3 Bromley YOT and The Project will ensure that its staff challenges antidiscriminatory behaviour and attitudes if this arises, and notify the young person s YOT caseworker or in the case of staff, the appropriate line manager. 10 Staffing / Professional Input 10.1 All young people attending Reparation will be accompanied by a YOT Representative, who will stay for the whole session unless there is a prior arrangement that has been approved by the YOT Bromley YOT staff to receive regular training on legislation, delivering effective practice and the need to set clear boundaries with their clients All volunteers have completed the Volunteer/Mentor Induction Programme and the YOT accredited training course prior to commencing work with young people All staff and volunteers working for the YOT have either a Criminal Records Bureau (CRB) check or Disclosure and Baring Scheme Certificate, which is updated very three years. 11 Monitoring & Review Arrangements 11.1 The Project should be reviewed every 3 months to ensure it is still an appropriate placement. Any concerns should be put in writing immediately by the Reparation Coordinator or The Project. Any special monitoring that is recommended should be done in conjunction with the Operational Manager. 12 Security ix

10 12.1 Young people should not be given unrestricted access to the Building and their attendance should be limited to normal working hours. The issuing of keys or electronic passes should not be necessary. Young people should not be allowed to work in areas where Adult Offenders may have access to. 13 Accident at Work 13.1 Should an accident occur an accident report (AR4) must be completed by the YOT representative at the time of the accident and sent to the Operational Manager (Prevention & Intervention) and a full investigation should be undertaken and the parents / carers informed. 14 After Placement 14.1 Following the completion of the reparation placement a de-briefing session should be held between the Case Manager and the young person to feed back how successful the placement was and whether any improvements could be made. 15 Evaluation 15.1 Young people will have the opportunity to complete an evaluation form on completion of their Reparation hours. 16 Agreement 16.1 This agreement is between Bromley Youth Offending Team and Barnados Shop, The High Street Bromley. It constitutes a service level agreement and is not a legally binding document. A request to review it can be made at any time and any concerns or issues raised by either party will be dealt with via the arbitration process as outlined in section 8. Signed on Behalf of (Project): Name: Date: Signed on Behalf of Bromley YOT: Name: Date: x

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