Placement Review Process

Transcription

1 Youth Justice Board Placement Review Process YJB Placement Service February 2014 Final Version 1

2 The YJB Placement Review Process describes the principles and process under which the YJB Placement Service will review a request for a placement move and arrange a transfer where approved. 2

3 Contents 1. Introduction Placement review multi disciplinary meetings Reason why a placement move may be considered Required action before requesting a placement move Placement Moves Process Intelligence Directed Placement (IDP) - Definition Placement moves - response targets Population Management Moves Population Management Moves Selection Process Emergency Transfers Health Moves Transport Escalation Review of a placement decision...31 Annex A...32 Annex B...33 Annex C...34 Annex D...35 Annex E

4 1. Introduction 1.1 This document covers the mandatory process for all placement moves (both for boys and girls) made across the entire secure estate for children and young people, which includes young offender institutions (YOIs), secure training centres (STCs) and secure children s homes (SCHs). 1.2 The Youth Justice Board for England and Wales (YJB) has the statutory functions and powers to place young people who are remanded to youth detention accommodation or sentenced to custody into the most appropriate secure establishment available according to their individual needs and risk factors. Every effort will be made to ensure that a child or young person has been placed into the most appropriate secure establishment from court. 1.3 It is understood that in some cases, these placements may need to be reviewed when a young person s circumstances have changed or a particular issue or risk has been identified. Other types of moves such as those required to manage the population, for health reasons or in emergency situations are also described in this document 1.4 A placement review should be a multidisciplinary process involving all those responsible for the care and welfare of a child and young person. The review should be an evolving process which aims to explore how a child or young person can be supported or managed within their existing placement from the point at which a concern is identified. The child or young person and any representative should be involved in this process. Where it is found that a placement is no longer suitable, a child or young person may be moved to a different establishment (a placement move ). Placement moves will only be considered where there is evidence that other strategies have been considered and implemented without success. The best interests of the child or young person MUST be considered in any decision that is reached. 1.5 The placement review team (PRT) based within the YJB Placement Service will consider all applications for placement moves and will make decisions with the support of an intelligence database system to ensure decisions made consider all the available information and are fully justifiable. 1.6 Intelligence directed placement has been developed to assist in the process of placing young people with complex behavioural needs and those young people who, through their behaviour, present a significant risk to the stability of the establishment or the estate as a whole. It will also ensure that any potential placement is in the best 4

5 interests of the child or young person concerned and is the safest placement option available based on any known risk factors. 1.7 The YJB has developed and published an appeals process under which anyone with a concern about the placement of a child or young person within the under 18 estate may request a review of the placement allocation. (See paragraph 14) 1.8 Other placement moves within the NOMS estate such as early transition to the adult estate for under 18 year olds and transfer of 18 year olds subject to DTO sentences are dealt with under separate procedures contained in the Operations Manual for the allocation and management of young people in the under 18 YOI estate. 5

6 2 Placement review multi disciplinary meetings 2.1 A placement review by the YJB Placement Service may be required when a child or young person s circumstances have changed or an issue has been identified by a person with responsibility for the care or welfare of the child or young person (see paragraph 2.2) that has caused them to believe that either: a) There is a risk to the child or young person s welfare; b) The child or young person poses a specific risk to the welfare of other children, young people or staff in the establishment or c) The child or young person would benefit from resources not offered in the current establishment or would benefit from being in a different geographical location (Planned placement move) 2.2 A person that has responsibility for the care, welfare or case management of the child or young person may include: Member of staff in current establishment YOT worker Local authority Parent or legal guardian / carer Legal representative or advocate Teacher or classroom assistant Any other person that deals with the needs or welfare of the child or young person The child or young person themselves 2.3 When a particular risk or concern has been identified, a multidisciplinary meeting (MDM) should be convened with the purpose of establishing how the risk can be managed or reduced. This meeting may form part of an establishment s existing multi-disciplinary meeting structures or the sentence planning or remand review processes. 6

7 2.4 The MDM should be arranged and chaired by a senior manager at the establishment, and the following should be invited to attend or contribute to the meeting: Operational or senior Manager (Chair) Case worker Personal Officer Unit Manager YOT worker Parents or carers Advocate for the child or young person (where requested by the child or young person) Local authority social worker (if the child or young person is looked after) Representative from healthcare and / or CAMHS professional The child or young person (for all or part of the review) 2.5 In the first instance, attendance at the MDM is preferable. If this is not achievable, then input via a conference call or a written submission is required. Where a person responsible for the welfare of the child or young person has not contributed to the meeting, attempts to contact that person and/or the reasons for not contributing should be noted. The views of the child or young person and of any representative should be sought prior to any decision and the reasons for the proposed move explained. A young person should be made aware of the advocacy service available at their establishment and their rights in relation to this. 2.6 Where a concern with regards to a young person s placement falls into the planned placement move category (defined in section 4 of this protocol), this meeting should establish which alternative placement would best meet the needs of the child and young person, and a request made to the placement review team located within the YJB Placement Service 2.7 Where a particular risk, posed either by or to the child or young person, has been identified, this meeting should review all options to support the child or young person in the current establishment. A plan should be discussed, agreed and implemented before any request to move a child or young person under this protocol is made. The child or young person should be involved in the formation of this plan as much as possible and their thoughts and concerns recorded at all stages. Any changes in behaviour that have raised this risk must be explored and the drivers for behavioural change identified and investigated with the child or young person in an attempt to help reduce and manage the risk before any further strategies are attempted. 7

8 2.8 If at any point this plan does not meet the needs of the child or young person, further risks are identified or where all available strategies and interventions have been exhausted, it may be viewed that the child or young person should be transferred to a new establishment. 2.9 In this event, a further MDM should be re-convened in order to establish which alternative placement would best meet the needs of the child or young person. A request should be made by the establishment to the placement review team located within the YJB Placement Service using the application form described in Section 3 of this protocol Clear evidence of all strategies used to manage the child or young person within the current establishment must be presented when an application for a placement move is submitted. In addition, any findings from investigations as to why the child or young persons behaviour, risk and issues have changed Arrangements for submission of an application are covered in section 5 of this protocol. 8

9 3. Reason why a placement move may be considered 3.1 Through a MDM, a particular risk or concern may be identified with a young person s placement which will fall into the categories of; risk of harm to self; risk to others or; a planned move. The best interests of the child or young person MUST be considered in the outcome and recommendation. 3.2 Risk of harm to self - definition A child or young person s placement may require a review if there is an increase in their risk of harm due to their behaviour or the behaviour of others which, for whatever reason, means that they cannot be safely managed in their current establishment. A significant change may have taken place which alters the risk associated with a child or young person. There are a number of reasons why a child or young person may have an increased risk of harm due to their behaviour or the behaviour of others. These may include, for example: an attempt to take his or her own life or serious self harm; nature of offence becomes known to other young people; the new admission of a child or young person that poses a significant or specific risk to the child or young person in question; personal tragedies such as death of a close relative or anniversary of a tragic event; serious and real threats from other young people; a risk or evidence of the child or young person is being bullied; learning difficulties or speech or language problems, meaning that the child or young person is struggling to manage the regime; an incident compromising the child or young person s safety in the future; 9

10 the strong negative influence of other young people; gang-related issues where specific concerns have been raised; personal and emotional changes and physical demeanour; the placement has broken down for reasons not easily identifiable, resulting in the Placement Service considering the child or young person at risk psychologically, physically or developmentally; non-english speaking foreign nationals who may be more appropriately placed with other young people from their country; young people whose first language is Welsh and who are not in an establishment that currently meets that need appropriately; young people identified as isolating themselves from others. 3.3 Risk to others - definition A child or young person s placement may require a review in situations where the child or young person s behaviour results in them being separated for prolonged periods of time due to their own poor behaviour or conduct, or whose behaviour or conduct is such that their continued placement undermines the regime or safety of other young people or the effectiveness or safety of the staff or establishment. Examples of such situations might include: specific threats to named members of staff resulting in that member of staff fearing for their safety; threats and assaults on other young people; gang-related issues where specific concerns have been raised; the child or young person has spent a significant amount of time in segregation or separation (removal from association) or has had numerous stays in segregation or lengthy periods away from associating with other children or young people; the child or young person is in possession of a member of staff s personal details or is known to a member staff and this presents a risk of undermining a professional working relationship; intelligence has been received to suggest that a child or young person may be involved in a serious act of indiscipline such as a serious assault, hostage taking or escape; the child or young person is a threat, or there is intelligence to support that there is a threat, to good order and/or security of the establishment or the child or young person has been involved in one or more serious incidents or involved in a 10

11 concerted act of indiscipline which makes it difficult for the establishment to continue to manage the child or young person In these circumstances, a placement move should only be considered when all interventions and strategies have been exhausted and there is evidence that an alternative placement can best meet that child or young persons needs. 11

12 3.4 Planned placement moves - definition A planned move may be sought if the current placement cannot offer a range of interventions treatments or other non urgent facilities that somewhere else in the estate can offer. A planned move may be requested for the following reasons to: move closer to home or catchment area; gain access to regimes or interventions not available in the current establishment, e.g. as part of the sentence planning process; make use of any specialist resource provided in the estate; facilitate improved access for interested agencies; help prepare for resettlement; be placed at another establishment for a temporary period to facilitate medical treatment or for accumulated visits etc. 12

13 4. Required action before requesting a placement move 4.1 A placement move should only be requested when all other avenues of managing the child or young person in their current establishment have been explored. A placement move should be requested using the MDM Record and Recommendation Form, (MDMRRF) (Annex E). 4.2 Clear evidence that demonstrates the range of actions that have been taken to manage the child or young person must be presented and recorded in the form. Reasons must be given to explain why these strategies were not successful in managing or reducing the risk posed by the child or young person and how a change of placement would do so. Clear evidence as to how any proposed alternative placement would best meet the needs of the child or young person, must also be presented. 4.3 The child or young person, and their parent/carer, social worker or legal representative, must be given the opportunity to make representations in respect of the proposed move, unless a specific reason arises concerning good order and discipline or other relevant special circumstance. In order to make such representations the child or young person and any representative should be given the reasons why it is proposed to move him or her. This should happen prior to a placement move being requested and must be clearly evidenced. Where the contribution or involvement of a person responsible for the welfare of the child or young person has not been possible, attempts to contact that person or reasons for non-involvement should be recorded. 4.4 Should there be disagreement within a MDM, where one or more stakeholders are not in agreement with the referrers recommendation, details of how the referrer has explained their recommendation to the particular stakeholder should be detailed in the MDM Record and Recommendation Form. Articulation of why the referrer is making the recommendation despite the disagreement should also be included. 4.5 This evidence must also be recorded onto electronic records (easset, P Nomis) which will be checked during the application process. 4.6 Examples of evidence that should be provided include: MDM, remand review or sentence planning meeting notes Records of arbitration or mediation (restorative practice); Support plans or risk assessments; Records of any disciplinary hearings and outcomes; 13

14 Reintegration plans; Behaviour management plans or contracts / compacts; Records of psychological or psychiatric interventions; Records of periods of separation or segregation; Incident reports; Security intelligence; Case notes personal officer entries; easset case recordings Any investigations into behavioural change and the drivers and motivation that led to the change 4.7 Records of involvement and consultation with the child or young person must be evident in any of the above The following evidence is mandatory and must be provided in all cases. Multi Disciplinary remand or sentence planning meeting notes; (the most recent available) Recommendations from the multi disciplinary meeting MDM (see annex E) Evidence from 4.6 to accompany the MDM Record and Recommendation Form 4.8 The list at paragraph 4.6 is not exhaustive but gives guidance on the type of evidence required and where it should be recorded to enable the YJB placement review team in the Placement Service to give full consideration when dealing with a request for a placement move. The information contained in this evidence is crucial in establishing that the proposed transfer is a safe placement option. It will also be shared with any potential receiving establishment to enable a full assessment of any potential risk factors to be made ahead of the transfer 4.9 The following principles must be taken into account when requesting a placement move and the YJB will be seeking evidence that: Everything that can be done within the establishment to alleviate the risk has been done (evidenced will be sought in records of multi disciplinary sentence planning); All management strategies to reduce risk and reintegrate the child or young person that have been attempted must be provided. All partners involved in the welfare of the child or young person must be consulted before an application for a placement move is made to the YJB Drivers and motivation behind changes in behaviour have been investigated and explored and strategies attempted to modify and mitigate the causes for these attempted 14

15 4.10 Where an outcome from a MDM is a proposed move the MDM Record and Recommendation must be completed in full and sent with supporting documentation via secure to transfers@yjb.gsi.gov.uk.cjsm.net 15

16 5. Placement Moves Process 5.1 A person with responsibility for the care and welfare of a young person may initiate a placement review, should raise any concerns with regard to a young person s placement within the establishment s existing multi-disciplinary meeting structures, a remand review or sentence planning meeting, care planning meeting, or a specifically called MDM, as mentioned above Once an agreement has been reached, following a MDM, that a placement move would be in the best interests of the child or young person a placement review by the YJB should be requested 5.3 Should a placement move not be deemed to be in the best interests of the young person, but following a MDM, necessary to lower the risk posed to others, then a placement review should be sought. The MDM should seek to clearly identify how and which alternative placement could best meet the interests of the child or young person. 5.4 Input from those responsible for the care and welfare of the child or young person must be sought before any decision is made. In the first instance attendance at the MDM is preferable if this is not achievable then conference call or written submission is required. 5.5 All requests for a placement move must be made on the MDM Record and Recommendation Form at (Annex E). Forms must be submitted via secure to: transfers@yjb.gsi.gov.uk.cjsm.net 5.6 A MDM Record and Recommendation Form can be submitted by a YOT officer, or an establishment The relevant evidence must be provided as set out in section 3 of this protocol. 5.7 A parent, career, or other person responsible for the care and welfare of the child or young person may also instigate a placement review. However, this should be done through the YOT or establishment for the young person, whom the YJB placements service will liaise with directly. 5.8 The YJB Placements service will also highlight any young person for whom it is believed a placement review should be conducted. The YJB Placement Service will make arrangements to contact the YOT or current establishment to discuss and possibly instigate a MDM as soon as possible should concerns be raised or circumstances change. 16

17 5.9 In order to ensure that the YJB can reach an informed decision about the request it is essential that the MDM Record and Recommendation Form is completed as comprehensively as possible Requests for a placement move following a MDM must be authorised by a person of the appropriate grade and agency (see table 1 below). 17

18 Table 1: Authority to grant request to move following a MDM Grade/ Agency Transfer type Operational Manager in a YOI or Senior Manager in SCH / STC YOT Officer Establishment officer below operational/unit manager Risk of harm Yes Yes No Yes Risk to others Yes No No Yes Planned Yes Yes Yes Yes Placement Service 5.11 In circumstances where there is insufficient information for the YJB to make an informed decision the request for a placement move will be declined until more detailed information is provided Once received by the Placement Service, the MDM Record and Recommendation Form will be processed by the placement review team. A Request Receipt will be generated, which will be sent to the person making the request The Placement review team will ensure all relevant information and evidence within or attached to the MDM Record and Recommendation form, as outlined in section 4.5, is passed to the receiving establishment to enable them to make a full assessment of the request and put appropriate plans in place ahead of the transfer date Any outstanding placement move requests will be monitored weekly with updated information provided to the referrer until: the child or young person has moved a decision is taken by Placement Service not to move the child or young person the request is withdrawn It is expected that the referrer will disseminate any updates, decisions made, and reasons for these to the young person or child and any other persons involved in the MDM, including those responsible for the care and welfare of the child or young person and parents/carers Once a decision has been made by the placement review team, the application will be closed. Any further requests to move a young person MUST be supported by a new application following a fresh MDM. Applications will not be held pending or be resurrected. 18

19 Prioritising requests 5.16 Requests for placement moves will be considered by the YJB Placement Service and prioritised based on the level of risk and the individual issues presented The Placement Service will, in discussion with the referrer make the final decision on the level of priority except in the case of an emergency move 5.18 Arrangements for emergency transfers or those that require an immediate move are set out in section 9 Emergency Transfers 5.19 Any case may be escalated to the Placement Review Manager where it is deemed necessary for guidance and advice All evidence provided with the MDMRRF will be assessed by the Placement Review Team (PRT). Where sufficient evidenced is provided to support the recommendation of a placement move a decision will be made which alternative placement would best meet the interests of a child or young person Given the level of information presented in the MDMRRF it is anticipated that requested establishments are able to receive the child or young person unless they hold reliable information to suggest the placement would cause stability issues All records of requests submitted to the YJB Placement Service whether approved or not will be retained. 19

20 6. Intelligence Directed Placement (IDP) - Definition 6.1 The Intelligence Directed Placement (IDP) process has been commissioned to support decision making on best placement options for young people, focusing upon the identification, analysis and management of persisting and developing problems or risks in the secure estate. This will help promote a more stable estate with risks reviewed on intelligence assessments and placement decisions based on comprehensive and detailed information. The data base is populated from a range of information strands or entities. A range of fields and parameters can then be set to test the safe placement options of a child or young person ensuring due diligence and defensible decisions have been made. 6.2 If the child or young person is identified through a MDM as presenting a significant risk to the stability of the establishment or are at risk themselves from others, a move may be recommended. 6.3 The intelligence directed placement option will be used to inform a sound defensible decision on the safest placement option based on risk and best interests of the child or young person 20

21 7. Placement moves - response targets 7.1 In the case of a request to move a child or young person made under the framework for risk, the Placement Service will respond to placement review requests within 3 working days of receiving the MDM Record and Recommendation Form. The circumstances of an individual case may warrant a swifter response, but these refer to the minimum benchmark to monitor the performance of the team. 7.2 In the case of planned moves, the Placement Service will respond to the requests within 10 working days of receiving the MDM Record and Recommendation Form. Again, this represents a minimum benchmark for performance assessment and requests may be dealt with more quickly. 7.3 An acknowledgement of receipt of the request to move a child or young person will be provided within twenty-four hours of receiving the request. The YJB Placement Service will be responsible for providing updates to the YOT team and establishment at least once a week or as and when situations or events occur that need to be communicated. Information will be disseminated to all other interested parties by the YOT or establishment. 7.4 The child or young person must be regularly updated of the situation and a record of this must be recorded on their case notes. (easset & P NOMIS) 7.5 Where a request has been made for an establishment to receive a young person under this process a response to the referral must be provided within 2 working days to the YJB Placement team. 21

22 8 Population Management Moves 8.1 When population pressures dictate, plans may be arranged by the Placement Service to create space. As a general principal, the YJB and NOMS do not view population management movements as a desirable way of managing demand within the secure estate for children and young people. There will, however, be times when certain establishments are either full or, for operational reasons, cannot take any new admissions. YJB and NOMS will consider all options to manage this situation such as placing young people out of the designated court catchment establishment and managed moves if necessary. This will occur in the following circumstances: an establishment has no spaces to receive new admissions from court a spike/sudden increase in the population of under 18-year-olds in a particular catchment area results in insufficient spaces for new admissions from court availability of spaces in a particular area that provide an opportunity to place young people in their own catchment areas loss of accommodation due to unplanned work being required loss of accommodation as a result of acts of individual or concerted indiscipline the decommissioning of an establishment or part of an establishment the commissioning of new accommodation. 8.2 Sending establishments must provide clear transparent reasons for the selection of young people to be moved under this process. Details of these can be found in the following section Population Management Selection and Process. 22

23 9. Population Management Moves Selection Process 9.1 All factors outlined below should be taken into consideration before determining the suitability of a child or young person for inclusion in population management moves (PMM). If a child or young person is selected for a move and does not meet the criteria, good reasons must be provided on the MDM Record and Recommendation Form (MRF). Those from the catchment area of the proposed new establishment should be considered first, whereas any young people who have previously been subject to a move by way of a population management move (during their current custodial term) should not be considered (unless exceptional circumstances warrant special consideration) 9.2 Age Consideration should also be given to those who have been moved away from their home location as a move back would assist with transition and resettlement back to their community. The key factors to consider when selecting a child or young person for transfer on a population management move are detailed below Young people aged 18, then those aged 17 should normally be considered first followed by those aged 16 and then finally those aged Educational needs & Interventions or Offending Behaviour Programs Young people who have exams pending, or who are attending courses not available at the receiving establishment, should not be selected for population management move. Where issues regarding education needs arise, establishments are advised to consult with the education provider. 23

24 9.4 At risk of harm Young people deemed to be at risk of harm through their own behaviour or the actions/omissions of others should not be selected, unless a move would have a positive effect on the child or young person, such as a move nearer home or a particular intervention or resource. The latter should, however, be dealt with as a Planned move. 9.5 Health needs Young people with specific health or psychiatric needs should not be selected unless the receiving establishment s medical officer has consulted and offered an opinion on any specific risks the young person s mental health will suffer if the move is agreed. 9.6 Work placements Young people on a community work placement should not normally be selected. 9.7 Stability Young people who may present a risk to the stability of the receiving establishment should not be considered unless a management plan has been agreed between both parties prior to the move. 9.8 Commitments Young people who have an outstanding court appearance, medical appointments or treatment within the following three months should not be selected. 9.9 Previous moves Young people who have previously been subject to a move into the establishment as part of a managed move or stability move should not normally be selected. 24

25 9.10 Sentence/trial Sentenced young people will be considered first for relocation. This is to minimise impact on the courts by relocating remanded young people some distance from the court in which they need to appear. If there are not any sentenced young people who are appropriate the Placement Service will request that those young people who are committed for trial on a date in the future are moved, pending commencement of their trial, at which point they will need to be returned for their trial Positive impact Where it can be demonstrated that relocation would have a positive impact on the child or young person due to better access to facilities or interventions, they should be considered for transfer Locality Home area will be considered but will not be a bar to movements YOI Court Catchments If moving a child or young person away from his or her court catchment YOI, consideration must be given to transferring them back within a month of their release in order to effectively plan their transfer back into the community, where it is felt that the benefit would outweigh the possible negative impact of repeated moves. Court catchment YOI allocations may be reviewed and changed over time Criteria prioritisation in the event of a shortfall Estate planning moves are only arranged when the population pressures are such that there are no other options. Moves of these types are, by their very nature, high priority moves and they must take place. If for any reason the required number of young people cannot be selected by the establishment, the YJB must be informed. The YJB Placement Service will then identify young people from their records and advise the establishment of their selection, which will be discussed and agreed with the establishment. 25

26 Process of managing population moves 9.15 The Placement Service will inform relevant establishments of the need to carry out a population management move. A Population Management Order (Annex B) will be completed and authorised by the Head of Placement Service The sending establishment will identify the most suitable young people in accordance with the criteria set out in the paragraphs above. The list of names will be sent to the Placement Service and the receiving establishment/s as soon as possible before the date of the move The sending establishment will also inform the YOT worker and the legal guardian (as appropriate) of the child or young person concerned at an appropriate time taking into consideration any Security issues that may impact on this information being disclosed. The YJB recognises that this may not always be possible in cases that follow unforeseen incidents such as in the event of fire or mass evacuation. In such an event, the establishment will ensure the YOT worker or legal guardian receives notification as soon as possible after the event If there are valid objections raised by the YOT worker or legal guardian, they will be considered by the Head of Placement Service, who will make the final decision. 26

27 10. Emergency Transfers 10.1 There will be very rare occasions where mass evacuation or movements outside normal working hours are required as a result of an emergency. For example, the loss of accommodation through acts of indiscipline or for some other unexpected event such as flooding or fire The YJB is neither able, nor authorised to deal with emergencies requiring mass evacuation from YOI accommodation and current arrangements within NOMS will prevail in such circumstances The YJB Placement Service is linked to the NOMS Gold Command procedures and will be contacted should there be a significant incident in an under 18 YOI and a member of the Placement Service may be required to attend the Gold Command Suite In relation to STC and SCH accommodation each of these establishments has contingency arrangements in place which will be activated locally as required. NOMS Gold Command procedures can be called upon in STCs In the event that the incident arises outside normal working hours, the YJB out of hours arrangements will be activated If a young person or persons have remained in an establishment post incident or are not moved by Gold command as part of the operational contingency, the young person concerned should be referred via the functional mailbox as a planned movement with an accompanying MDM Record and Recommendation Form. 27

28 11. Health Moves 11.1 Any transfers for young people who have a mental health condition liable for detention under the Mental Health Act 1983 must follow the procedures contained in the Department of Health document Procedure for the Transfer from Custody of Children and Young People to and from Hospital under the Mental Health Act 1983 in England (annex D). Please note, that this guidance also covers the procedures for Welsh children and young people. Specific reference is made to Welsh children and young people where appropriate within the document Young people in crisis 1 should be referred to the YJB Placement Service who will give immediate priority in considering whether a placement move is required. If a move to a YOI healthcare bed is deemed appropriate this MUST be agreed between the relevant healthcare departments. Referrals of this type must be endorsed by a senior manager and evidence regarding mental state provided by an appropriate source The Head of the YJB Placement Service has access to Child and Adolescent Forensic Psychiatrists who can provide advice to the Placement Service in relation to young people who have been identified by establishments as having mental health needs Young people who require a move to an establishment holding a particular medical provision such as detoxification programs or substance misuse treatments will be agreed via the relevant healthcare providers The YJB has commissioned mother and baby provision at Rainsbrook STC and any girl who is either pregnant or with a baby will be identified by the Placement Service on admission to custody and assessed as to whether a placement on the unit would be appropriate. A separate Mother and Baby Protocol has been published which covers the process of admission. 1 This may be in relation to mental health, or any kind of illness or other medical emergency 28

29 12. Transport 12.1 There are different transport options available to facilitate placement moves. The selection of a particular method of transport will depend on the type of move, urgency, availability and cost considerations The principal transfer methods are: YOI movements to and from court and between establishments using PECS providers; Establishment staffed escorts; STC and secure children s homes moves using the YJB contracted provider; In exceptional circumstances, with the agreement of the YJB, staff from STCs and SCHs may carry out placement moves All general transfers to and from YOI establishments will be arranged using the PECS providers, which will be arranged by the sending establishment and booked via NOMS Population Management Service High priority transfers to and from YOIs that cannot be arranged in an appropriate timeframe may be carried out by YOI staff All transfers to and from STCs and secure children s homes will be undertaken through Serco Young People s Service arranged through the Placement Service. (Unless by agreement with the YJB this is undertaken by staff from STCs or SCHs) 12.6 In some cases, it is preferable to arrange a transfer to coincide with a court appearance if this is possible Separate arrangements will be made for moves following a disturbance in a secure children s home or secure training centre. In this case providers will activate their local contingency plans and inform YJB placement service immediately. 29

30 13. Escalation 13.1 All information and evidence from the multi-disciplinary meeting held in establishments in relation to a placement move request must be made available to the YJB Placement Service to enable an informed decision to be reached based around due diligence, best interests and risk before a decision to transfer is made Once a decision is made to transfer a child or young person the expectation is that the identified receiving establishments will accept the child or young person unless there are significant or specific reasons for them not to do so. This may include evidence that the arrival of the child or young person would impact severely on the stability of the establishment or pose a risk to the child or young person if subsequent intelligence suggests a significant risk exists In cases where a receiving establishment can provide specific information that the proposed placement would cause stability issues this must be communicated to the Placement Service immediately In these circumstances the case will then be reviewed by the Placement Service. All documentation and intelligence will be interrogated to establish if the proposal is the best placement option. A decision will then be made to proceed with the transfer, reject the transfer or consider other placement options around the estate The YJB Head of Placement Service has placement authority and will make the final decision. In cases where an absolute resolution can not be reached for NOMS establishments the ultimate authority lies with the NOMS Head of Young People s Group and in the case of STC placements the Head of YJB Placements will make the final decision For SCH placements there is an escalation process detailed in their individual contracts with the YJB All decisions must demonstrate that the best interests of the child or young person have been considered at all stages of this process 30

31 14. Review of a placement decision 14.1 The YJB has developed and published a process for a review of a placement decision which can be requested by anyone directly concerned in the case, including the child or young person, who may be unhappy or concerned with the placement allocation Where the YJB Placement Service has placed a child or young person, the following people can apply for a review of the decision as to which establishment the child is placed in: the child and/or their parents or guardians; the designated local authority (remand only); the local authority in cases where the child is subject to a care order; the establishment in which the child is placed; the child s Legal Representative; or the Youth Offending Team acting on behalf of the child or young person 14.3 The review of the placement decision will be conducted by the Placement Review Manager and presented to the Head of the Placement Service who will consider the reasons provided for the application for review and decide whether the placement is appropriate taking into account the key risk factors in the case. The YJB Head of the Placement Service may decide that an alternative placement should be considered or that the current placement is appropriate. Following a request to review the placement decision the YJB Head of the Placement Service will communicate the decision in writing within 10 working days of the request If following a review decision by the YJB Head of the Placement Service an applicant remains dissatisfied there is a further right of review on application to the YJB Deputy Chief Executive Community, or Head of YJB Cymru Requests to review the placement decision or to request a further review of the Head of Placement s decision should be made on the application at Appendix D and sent via secure to YJBPlacements -Review@yjb.gsi.gov.uk In all cases the need for change of placement should be appropriately evidenced and as much information as possible provided This process is independent from the processes described in this document however it remains available at all times to those people listed in paragraph 14.2 above. 31

32 Annex A Guidance Notes on Completing the MDM Record and Recommendation Form 1. All sections clearly outline what information is required and these should be completed in full. All sections coloured purple should be completed. The relevant section regarding the type of move must then be completed in full. (Risk self / Risk to others or Planned moves etc) 2. All evidence and documentation must be presented with the application and sent as an attachment electronically 3. The multi disciplinary meeting is an integral part of this process. Applications will not be processed if evidence that an MDM has taken place is not recorded. Please ensure all meetings are documented accurately on the MDM RRF 4. The form MUST be endorsed by an operational / senior manager and the MDM chaired by a staff member of this seniority. 5. The YJB Placement Service will consider all evidence in support of this application and make a decision on the safest placement option based on risk. Therefore please ensure all applicable evidence set out in section 3 of this protocol is sent along with the MDM RRF 6. The form should provide as much information as you can in terms of supporting evidence. It should try and paint a picture of how a decision has been reached and demonstrate all other options have been considered before a request to move has been made. 7. Please indicate how any changes in behaviour have been explored and the drivers and motivation for the behaviour examined and challenged where appropriate. 32

33 Annex B Population Management Moves To: establishment This notice is to inform you that the YJB Placement Service has taken the decision to move (insert amount) of young people out of your establishment due to operational or population pressures. Please provide a list below of young people you are selecting to move ensuring you do so under the guidance of section 8 of the Placement & Transfer Protocol. Full Name NOMS Number Reasons for selection (section 8) Outcome Child or young person Informed? Please this notification to: transfers@yjb.gsi.gov.uk.cjsm.net YJB Placements use only Received By Noted on Log Allocated to Establishment informed? Date of proposed move? 33

34 Annex C Request for a review of a placement decision Name of applicant: Organisation: Contact details: secure Tel: Name of young person: Current establishment: Date of admission: mob: Reason for request: I confirm that I have the young person s authority and agreement to request this review Signed: Date: For YJB Use Date received: Decision: Date Reviewed Signed: Date: Please send via secure to 34

35 Annex D Procedure for the Transfer from Custody of Children and Young People to and from Hospital under the Mental Health Act 1983 in England For Placement Moves under the Mental Health Act, please refer to the above titled document, obtainable from the Department of Health 35

36 Annex E Multi Disciplinary Meeting Record and Recommendation Form 36

37 YJB MDM Record and Recommendation Form This form should illustrate how any recommendation has been reached and demonstrate all other options have been considered before a request to move has been made. Multi disciplinary working is an integral part of this process, therefore the involvement and consultation of the child or young person, and those responsible for their welfare, should be evidenced throughout. All sections A to K (those coloured purple) are mandatory, and should be completed providing as much detail as possible. Within section B the primary reason for the review of a placement should be stated. In addition, either sections C1, D1 and E1 (those coloured blue) should also be completed to correspond to the primary reason for a placement review as outline in section B. For instance, where a review is taking place due to the young person being at an increased risk in their current establishment, section C1 should be completed in addition A to K. A. Basic Information First name(s) Last Name Gender M/F Date of Birth Age Current Establishment YOT (including Sub Ethnic Code Division) Offence Legal Status or Outstanding Court Appearances Establishment contact and telephone no. LAC Y/N? When? Where? Offence category? Child or young person s external YOT contact plus telephone number Establishment Type Preferred Language Release Date Next court date (with location) B. Placement Review Request Please ensure a MDM placement review meeting is held prior to this application being submitted Both YOT and Establishment MUST be represented. Date of MDM Placement Review Meeting If a placement review meeting has not been held, please give reason (this must only be in exceptional circumstances): What is the PRIMARY reason for the placement being reviewed now? The child or young person is at increased risk in the current establishment (Risk of harm to self) The child or young person requires a review due to concerns regarding the risks to stability they are posing (Risk to others) The child or young person would benefit from resources not offered in the current establishment or would benefit from being in a different geographical location (Planned placement move) Do any secondary reasons apply? Risk of harm Risk to Others Planned placement move 37

38 Summary reason why a multi disciplinary meeting has been convened Who initiated this multi disciplinary meeting? Name Organisation YOT/ Establishment Role Who has attended the multi disciplinary meeting?* Name Organisation Role * Please also indicate all those who have contributed to the meeting through either a conference call or written submission. Where a person responsible for the welfare of the child or young person has not contributed to the meeting, attempts to contact that person and/or the reasons for not contributing should be noted. Please list all interventions, strategies and plans that have been attempted prior to this application and how effective these have or have not been* *evidence must be provided C. Risk of harm If the placement review is because the child or young person is at risk in the current establishment, please also complete section C1. Suicide / Self Harm (any concerns?) Is child or young person currently on or has recently been on an ACCT? Communication difficulties? YES/NO Please give details: Learning difficulties / SEN? 38

39 Emotional / Social Issues (e.g. bullying victim) Health (including medical appointments Any other issues that present a risk to self? C1. At risk of harm in current establishment please complete this section if the placement review is due to the child or young person being at risk in the current establishment. Please discuss the following agenda items and record summary answers. 1. Has anything changed since initial placement? Is the child or young person at greater risk now? If so, why? 2. What range of options have been attempted to support the child or young person in their current location 3. What could be put in place at the current establishment to better manage this child or young person s risk factors now? 4. Is there any further information that was not provided on initial placement that the YJB needs to be aware of? 5. What will another establishment offer that cannot be offered in the current establishment? 6. Which establishment would be able to better meet this child or young person s at risk factors? Why? 7. Is this child or young person at risk from a particular individual or group in custody? 8. What is being currently done to manage this risk? Please provide evidence of all intervention and support plans and minuets of any multiple disciplinary management or related intelligence: Please provide any summary information or documentation to support this application D. Risk to Others If the placement review is because the child or young person is posing a risk to others or the stability of the establishment please also complete section D1. Please indicate the behaviour the child or young person is demonstrating that is causing concern Is the child or young person impacting on the stability of the establishment? If so to what degree: Low Med High Please highlight choice Current Location of child or young person Adjudications / incidents / sanctions (summary). Please also attach the NOMIS Transfer Report (e.g. normal, healthcare, care and separation) IEP /CRSA Level Gang Issues? D1. Risk to Others please complete this section if the placement review is due to the child or young person posing a risk to others or to the stability of the establishment. Please discuss the following agenda items and record summary answers. 1. Has anything changed since initial placement? Does the child or young person pose a greater threat now? If so, why? 2. What local strategies have been put in place to manage the child or young person at the current establishment? 3. What could be put in place at the current establishment to better manage the threat this child or young person poses? 4. What will another establishment offer that cannot be offered in the current establishment? 5. Is there any further information that was not provided on initial placement that the YJB and the receiving establishment need to be aware of? 6. Which establishment would be able to better meet this child or young person s needs in terms of them posing a threat to others? Why? 7. Does the child or young person pose a risk to any particular individual or group in custody? 39