1 Youth to adult transition principles and guidance (Wales) Youth Justice Board Cymru National Offender Management Service (NOMS) in Wales YOT Managers Cymru
2 Contents Transitions should be: 2 The aim of this approach is to: 2 Background 3 Definitions 4 The Youth to Adult (Y2A) transition principles 5 Youth offending teams 6 Integrated Offender Management (IOM) 6 Transforming rehabilitation 7 Case allocation 7 Preparing for transition - meeting the needs of young people and young adults 9 Maturity 9 Diversity 9 Young girls and young women who offend 9 Mental health 10 Education, Training and Employment (ETE) 10 Engaging young adults and their families/carers 10 Engaging with the young adult s existing support framework 11 Victim liaison 11 Previous inspections 11 Step by step guide 12 Reviewing transition 12 Young people and young adults subject to custodial sentences 13 Service user voice/feedback 13 Service user feedback contributing to reviewing transitions policy and procedures 13 Step by step Y2A transition guidance 15 Step by step Y2A 16 Further Considerations 19 Enforcement 19 Pre-sentence reports 19 Unpaid work 20 Custody 20 Priority offender cohorts/mappa 21 Guidance for management of registered sex offenders at point of transition 23 Annex A 24 Service user feedback 24 Thank you for completing this questionnaire, we can use this to improve transitions for other young people moving from YOT to the National Probation Service. 24 Annex B 25 Y2A transition offender manager role 25
3 Introduction The Youth to Adult (Y2A) Transition Principles and Guidance (Wales) has been created to reflect the need to focus on young people and adults as a specific group and to improve the transition between youth offending teams (YOTs) and the National Probation Service (NPS). The principles are jointly agreed by the National Offender Management Service (NOMS) in Wales, YOT Managers Cymru and Youth Justice Board (YJB) Cymru. The principles and guidance provide a framework to: enable clarity of process promote consistency of services across Wales build upon previous transition arrangements and current good practice. Transitions should be: efficient effective focused on the needs of the young person/adult in consideration. The aim of this approach is to: minimise risk to the public safeguard the young person/adult reduce re-offending prepare the young person for adult life. provide continuity of service and interventions. Youth Justice Board for England and Wales click and enter year The material featured in this document is subject to copyright protection under UK Copyright Law unless otherwise indicated. Any person or organisation wishing to use YJB materials or products for commercial purposes must apply in writing to the YJB at for a specific licence to be granted.
4 Background Children and Young People First (2014) 1, the YJB and Welsh Governments Strategy for youth justice and the Wales Reducing Re-offending Strategy recognised the need to focus on the transitions of young people into the adult justice system and to pay attention to young adults as a specific group. These strategies bring together previous work and guidance in this area and are referenced here 3. While there are now far fewer young people in the youth justice system, those who remain have committed more offences and have more complex needs. They are now also generally older, with a far greater proportion of sixteen and seventeen year olds. Many of these young people will consequently transfer to adult services. The point of transfer from youth to adult services is a critical time for the young person involved and for professionals, who need to work together to ensure the welfare of the young person and any risks posed to the public by them are minimised. Our approach to youth justice in Wales has been underpinned by the United Nations Convention on the Rights of the Child (UNCRC) 4. This has allowed us to create an increasingly rights-based approach to policy making. The focus of this approach is particularly relevant to children and young people who offend, because it concentrates on the needs of the young person rather than their behaviour. YJB Cymru, NOMS in Wales, Integrated Offender Management (IOM) Cymru and YOT Managers Cymru have all committed to work together to improve joint working and practice around transitions from the youth to adult systems. A successful transition involves a number of organisations working together, promoting partnership and learning, and having a positive impact on the justice system as a whole IOM Cymru (2014) Wales Reducing Reoffending Strategy YJB Youth to Adult Transitions Framework and NOMS (2012) The Transition Process Guidance on transfers from under 18 Young Offender Institutions to young adult Young Offender Institutions. Online: and IOM Cymru All Wales Youth to Adult Transition Model 2013 and Youth Justice Board (2012) Youth to Adult Transitions Framework: Advice for managing cases which transfer from Youth Offending Teams to Probation Trusts. Online: and Clinks (2013) Integrated Offender Management Cymru All Wales Youth to Adult Transition Model, Consultation Exercise: Final report & recommendation. Online: f and Ministry of Justice (2014) Target Operating Model: Version 2. Rehabilitation Programme. Online: And Ministry of Justice (2014) The Transition Process: Guidance on transfers from under 18 Young Offender Institutions to young adult Young Offender Institutions Online: and Ministry of Justice (2013) Transforming Management of Young Adults in Custody. Online: 4 Welsh Government Children and Young Persons (Wales) Measure, 2011.
5 Definitions Young People - are those aged under 18 or those aged 18 who are retained in the youth justice custodial sector or under YOT supervision while serving the community element of a Detention and Training Order (DTO). Young offenders - are those aged and those 21 year-olds who were aged at conviction who have not been reclassified as part of the adult custodial population. Adults - are those aged 21 and over in the criminal justice system, except for those 21 year-olds who were aged at conviction who have not been reclassified as part of the adult custodial population. Under-18 young offender institution (under-18 YOI) Young adult YOI These establishments detain young adult offenders. The document is split into two parts; the overarching principles, which should underpin transitions and guidance for practice, which should be used by local areas to inform and develop local arrangements for effective transitions. National Standards for Youth Justice Services require YOTs to have local transition arrangements in place. The Youth to Adult (Y2A) Transition Principles and Guidance (Wales) will be subject to review when appropriate to ensure continued relevance to practice.
6 The Youth to Adult (Y2A) transition principles The youth justice system in Wales has achieved a great deal in recent years, with reductions in the number of first time entrants into the youth justice system and the number of children and young people in custody. However, re-offending rates have remained static since 2008 and are now rising. This is due in part to the fewer children and young people in the youth justice system having more complex needs and more persistent patterns of offending. This was evidenced in a profiling project of young people who were prolific offenders (25+ offences). This showed that year old boys made up 81% of the group. With 79% having been involved with/or had been referred to social services, 81% had no qualifications and 57% had contact with/or referrals to mental health services. Most young people who offend received their first reprimand or caution between the ages of 10 and 14 (86%). Young adults represent only 10% of the general population but they are disproportionately represented in the criminal justice system, making up more than one third of those sentenced to custody each year, and account for a third of the costs of crime. This demonstrates the importance of recognising young adults in developing effective and tailored service provision. Young adults aged are disproportionately represented in the caution and conviction statistics and in Probation Service caseloads. This is a peak age range for offending and many of those who commit crime aged 18 have previous links with the youth justice system. In addition to this, 62% of 18 year olds who were sentenced in 2010 had at least one previous conviction between the ages of which would have required them to have been supervised by YOTs. Transitions between youth and adult provision are not limited to criminal justice services. Education, Health, Social Services and Accommodation are examples of areas where targeted support during the transition period between child/young adult/adolescent services to adult services, is recognised as having positive outcomes. Improving transitions will produce better outcomes for young people as they are supported during a fragile time in their lives. Making improvements in the way information is shared from YOTs to probation services, adult prisons and other services will lead to more informed assessments, continuity in interventions and advances in addressing their needs. This will, in turn, have a direct effect on reducing re-offending.
7 Youth offending teams YOTs are multidisciplinary teams made up of health, social services, education, police and probation working together and are statutory local partnerships established by section 39 of the Crime and Disorder Act They are part of the local authority. YOTs have a statutory responsibility for the supervision (case management) of children and young people aged below 18 years who are sentenced by a court, in line with the national standards 6 and case management guidance 7. YOTs are widely regarded as a successful example of multi-agency working and are the model from which the adult IOM arrangements derive in principle. YOT and IOM Cymru share in common multi-agency delivery models. Integrated Offender Management (IOM) IOM allows local and partner agencies to co-ordinate the management of adults who come into contact with the criminal justice system. The IOM framework is designed to ensure that priority groups of offenders, as identified at a Wales, regional and local level are managed in a coordinated way. In Wales, this approach is delivered through IOM Cymru arrangements. IOM Cymru delivery is characterised by co-located multi-agency operational teams based across the criminal and social justice estate throughout Wales. These teams are typically comprised of probation, police, local authority and substance misuse treatment staff with strong links to wider support agencies, such as Job Centre Plus and voluntary sector service providers. The IOM Cymru approach, therefore, is well placed to provide transitioning young adults with access to continued support from statutory criminal justice providers and a wide range of key delivery partners. These arrangements provide access to targeted interventions - including those provided by the voluntary and community sector - high levels of support and high quality information sharing. IOM Cymru values include an individualised approach, which compliments the transitions ethos, to enable tailored support to the young person and to prepare them for adult life. Transitioning the young adult within IOM also enables case managers to liaise more effectively with the police in order to minimise the risk to the public and thereby enhance community safety. Transitioning a young person/adult into IOM as they transfer between YOT and the National Probation Service will therefore facilitate co-ordinated partnership support for the young adult concerned. This arrangement also responds to the 5 The precise requirements of the Act are that youth offending teams shall include at least one of each of the following:(a) an officer of a local probation board or an officer of a provider of probation services; (b) a social worker of a local authority; (c) a police officer;(d) a person nominated by a Local Health Board, any part of whose area lies within the local authority's area; (e) a person nominated by the chief education officer appointed by the local authority 6 National Standards for Youth Justice Services set the Secretary of State's minimum expectations for youth justice service delivery and practice 7 National Standards for Youth Justice Services set the Secretary of State's minimum expectations for youth justice service delivery and practice
8 evidence cited above that young people who were prolific offenders experience an increased level of need and young adults are disproportionately represented in the criminal justice system. Transforming rehabilitation Under the new transforming rehabilitation arrangements, probation services in Wales will be provided by a Community Rehabilitation Company, supervising those assessed as posing a low and medium risk of harm, and the National Probation Service (supervising those assessed as posing a high risk of harm). In order to maintain continuity throughout the transition process, all Y2A transition cases will be supervised by the National Probation Service, wherever possible, regardless of their identified level of risk. Should a young person go on to re-offend after the transition period and be subject to further probation supervision, they will then be managed by either the Community Rehabilitation Company or the National Probation Service depending on the level of risk presented. Locating the transition process within IOM Cymru teams (containing a mix of staff from the Community Rehabilitation Company and the National Probation Service) ensures that detailed knowledge of the young person remains within the same team and a greater continuity of service is achieved into the medium term. The Wales reducing re-offending strategy recognises the distinct needs of youth to adult transition offenders and the imperative of developing improved responses to young adults throughout their offender journey. Delivery of the strategy is contingent on applying the IOM approach this priority group in a way which fully supports implementation of the YJB youth to adult transitions framework. The transition process must be acknowledged as a critical period of heightened risk and must not focus on one organisation relinquishing responsibility of a young person. Instead, the transition process must be seen as a critical time in the young person s journey through the criminal justice system where extra effort, early planning and accurate assessment is required to cater for the individual needs of the young person and to manage any risks. 8 Case allocation NOMS s Case Allocation Instruction 9 to providers of Probation Services, Public Sector and Private Prisons mandates that the allocation of offenders to either the National Probation Service or Community Rehabilitation Company will be carried out by the National Probation Service. This activity will be implemented through practitioner use of the new case allocation system. Therefore, the responsibility for the allocation of cases through the case allocation system to the National Probation Service, Community Rehabilitation Company or electronic monitoring contractors sits with the National Probation 8 YJB Youth to Adult Transitions Framework 9 PI 05/2014 PSI 14/2104 National Offender Management Service Case Allocation
9 Service and allocation is determined at the point of youth to adult transition. The National Probation Service record their decision in n-delius and it is final in each case. Allocation should take place at the earliest appropriate opportunity and must be completed as much as possible based on the information available to the National Probation Service at the time. The National Probation Service will apply the above allocation process in all transition cases. In recognition of the principles of Y2A and the difficulties inherent in transition for some young people/adults the National Probation Service YOT seconded offender manager can apply the case allocation system using the appropriate risk assessment tools. Where YOTs do not have a seconded National Probation Service offender manager then the case allocation system should be applied by the National Probation Service. In Wales, all YOT transfer cases will be allocated to IOM teams either to National Probation Service or Community Rehabilitation Company dependent on local arrangements. Where there is a Y2A Transition offender manager (as outlined below) in place, the young adult will be assigned to the National Probation Service. The young adult could remain with the YOT for the remainder of their sentence, where it is more appropriate for them to stay under YOT supervision. Some areas in Wales have adopted a Y2A Transition Offender Manager role in order to provide continuity of relationship to the transitioning young person/young adult through the provision of face to face contact in both the youth and adult justice environments. An outline description of this role is provided in Annex B. You will be able to use the Y2A portal to share and record information with National Probation Service and Community Rehabilitation Companies.
10 Preparing for transition - meeting the needs of young people and young adults Maturity Since 2011 lack of maturity has been a mitigating factor in sentencing guidelines. Young people mature at different rates and developmental maturity is a far better guide to someone s stage in life than their chronological age, so an assessment of a young person s maturity is a key factor in enabling successful transition between the YOT and National Probation Service. Assessment of maturity will inform the level of engagement required with the young person in the transition process. The Transition to Adulthood Alliance have produced Taking Account of Maturity: A guide for Probation Practitioners10. Diversity Ensuring appropriate services are made available to meet the diversity needs of young adults will support successful transition between the YOT and National Probation Service. There may be existing engagement of a specialist service through the YOT which can be continued through the period of transition and beyond if not age restricted. T2A Going for Gold: Developing effective services for young adults throughout the criminal justice process (2013)11. Young girls and young women who offend Transitioning young women requires special consideration to be given to factors that have been evidenced as either more prevalent amongst this cohort; or that can impact on reoffending or successful engagement in transition to adult services. For example, there are high levels of experience of domestic violence; and higher incidences of self-harm in custody. T2A Going for Gold: Developing effective services for young adults throughout the criminal justice process (2013) Transition to Adulthood Alliance (2013) Taking Account of Maturity: A guide for Probation Practitioners. Online: (last accessed ) 11 Transition to Adulthood Alliance (2013) Going for Gold: Developing effective services for young adults throughout the criminal justice process. Online: (last accessed ) 12 T2A Going for Gold
11 The recently published, Girls in the Criminal Justice System. Criminal Justice Joint Inspection Report 13 highlights that girls comprise around 20% of the caseload of youth offending services in England and Wales. The inspection found that girls tend to commit less serious offences than boys and that their offending is often a response to emotional well-being and issues concerning relationships with parents, partners and friends. Girls tend to have high levels of welfare needs and are vulnerable to the actions of others. There has also been significant concern recently about the prevalence of child sexual exploitation in a number of areas in the UK where vulnerable girls have been victims. The inspection s conclusion reflects the importance of well-coordinated multi-agency work as critical to providing quality of support and assistance to best manage girl s specific vulnerabilities and offending behaviour. Mental health Within its Together for Mental Health strategy, the Welsh Government has acknowledged the need for improved services for children and young people who have contact with the criminal justice system who present with Mental Health concerns. Policy guidance is in place in relation to Mental Health services for adult prisoners 14 and Liaison and Diversion Guidance for Young People 15. Education, Training and Employment (ETE) Practitioners should support the young person in their continued engagement of ETE; or support commencement of ETE, as they transition. The Welsh Government s Youth Engagement and Progression Framework16 focuses on reducing the number of young people aged 11 to 25 who are not engaged in education, employment or training (NEET) and is based around component elements proven to be effective at increasing youth engagement and progression. Engaging young adults and their families/carers Transition can be a very challenging time for the young adult. So keeping them and their family/carer (where relevant as a positive support network) informed is a priority. They should be aware of the process, how the transition is progressing against the transition plan and the changes that will occur once transferred. The young person, their family/carer and other relevant services should be supported to inform the transition planning, to help minimise impact and to enable full understanding. There are several initiatives providing multiagency support to families, including Integrated Family Support Services. It is 13 Girls in the Criminal Justice System, A Joint Inspection by: HM Inspectorate of Probation, Care and Social Services Inspectorate Wales, Care Quality Commission, HM Inspectorate of Constabulary, HM Inspectorate of Prisons, Ofsted December Need reference Welsh Government (2013) Youth Engagement and Progression Framework: Implementation Plan. Online: (last accessed )
12 important to identify where such services may already be involved and consider where, dependant on the individual s family circumstances, possible referrals would be appropriate. Engaging with the young adult s existing support framework Keeping other services that the young adult may be engaged with informed, will also help the understanding and management of the transition. It may coincide with the transfer to another adult service within health or education for example, so joint working with other agencies will be crucial if this is the case. Victim liaison Under the Domestic Violence, Crime and Victims Act 2004, NPS has specific responsibilities in relation to the victims (and their families) of an offender, who for example, receives a sentence of imprisonment of 12 months or more after being convicted of a sexual or violent offence. These responsibilities extend to cases supervised by YOTs. Appropriate processes must be in place to ensure all cases that meet the offence and sentence criteria are notified to the National Probation Service victim liaison officer at the time of sentence. The transition stage should not be the first communication with the National Probation Service victim liaison officer but confirming transfer arrangements. These arrangements will ensure qualifying victims are able to access a specific range of services as set out in the Ministry of Justice s Victims Code October Previous inspections Previous thematic inspections of the transition process such as, Transitions: An Inspection of the transition arrangements from youth to adult services in the criminal Justice system 18 have highlighted a number of critical points/actions within the transition process: deciding to transfer or retain involving all agencies engaging with the young person preparing the young person for transfer information sharing and case transfer meetings post transfer continuity local arrangements. 17 Ministry of Justice (2013) Code of Practice for Victims of Crime. Online: (last accessed ) 18 Transitions: An inspection of the transitions arrangements from youth to adult services in the criminal justice system. A Joint Inspection by HMI Probation, HMI Prisons, Care Quality Commission, Ofsted, Healthcare Inspectorate Wales and Estyn. October 2012
13 Failure to collectively manage these critical points of the transition process can adversely effect the engagement of a young person and the impact of interventions being undertaken. In both custody and community cases it has been acknowledged that there needs to be a more structured and effective process to ensure that the young person and agencies working with that individual were better informed and more able to use professional judgement in an appropriate manner. The following step by step guide has been produced to provide practitioners with a structure that can be used to develop and effectively enhance the transition of a young person to adult services. Step by step guide As part of the process of transition, the key agencies working with the young adult should meet with the YOT case manager and the nominated offender manager to feed into the transition planning. It could form part of the case planning forum which should take place for all transition cases or be part of other existing case planning/review processes. If it is not possible to find an appropriate date when all parties can meet (or there are existing management forums e.g. Multi Agency Public Protection Arrangements (MAPPA)) then the above information will be sought by the relevant Offender Manager from each of the parties who cannot attend and will ensure that it is factored into transition planning. They will also feedback relevant information from the meeting to those service/intervention providers who could not attend. The discussion will include: overview of the progress against sentence plan and likelihood of reoffending each service/intervention the young adult is involved in and their progress arrangements for continuing or ending these services/interventions if the young adult is transferred to probation the young adult s needs which each service/intervention is working to address specific activities services will undertake to support the transition any victim liaison/information the view of the young adult review date. Reviewing transition Ongoing discussion will take place between the Offender Manager and the young person/adult, about how the young person/adult is coping with the transition process and to ascertain if additional/increased support or intervention is required to assist them transfer.
14 At 4 months post transition date, the offender manager will conduct a sentence plan review to assess the young adult s progress through and experience of the transition process and confirm transition support is complete. This will also contribute to quality assurance of the transition process. Young people and young adults subject to custodial sentences In regard to the management of transition and/or transfer from youth to young adult (18-21) custody the YOTs and Probation Service providers will work with secure establishments to deliver the NOMS agreement The Transition Process: Guidance on the transfers for under-18 Young Offender Institutions to young adult Young Offender Institutions (2012) for transferring cases within the secure estate. Issues arising from this will need to be considered when assessing the transition and transfer arrangements for community-based case responsibility. See further considerations at page 15. Service user voice/feedback Once transferred, the young adult should be invited to provide feedback on their view of the transition process by completing the service user feedback questionnaire (Annex A). This should take place 4 months post transfer in conjunction with a sentence plan review. The feedback will: help improve the process by gathering the views of the young adult on what they feel would work best for other young people transitioning. ensure that any issues arising are fully discussed for reflection and resolution. be collated centrally for analytical purposes and form part of a review process inform a review of this local guidance aimed at improving practice and taking account of any lessons learnt. Service user feedback contributing to reviewing transitions policy and procedures IOM Cymru Development Team will centrally collate the service user feedback and use the data to: assist NOMS in Wales, YJB Cymru and partners in strategic overview of the transition process and ensure its effectiveness build on learning arising from the practical application of the guidance and principles review and update this local guidance with improvements to practice
15 inform local and national developments, effective practice research and best practice guidance.
16 Step by step Y2A transition guidance The following steps should be taken to ensure cases are transferred effectively from the YOT to the National Probation Service/Community Rehabilitation Company with the aim of minimising risks to the public, safeguarding the young adult, and reducing reoffending:
17 Step by step Y2A The following table sets out the key steps. There are a number of further considerations at page 15 which need to be taken into consideration. The following steps should also reference and include the principles outlined above. STEP 1: Initial identification and notification of transfer cases 17 YEARS 6 MONTHS (a) A system should be in place within the YOT to identify, record and inform the National Probation Service of possible transition cases, based on sentence length. (b) There should be a clear recording mechanism in place in the YOT that allows easy access to a live list of potential transition cases to ensure oversight of progress. STEP 2: Start transition process 17 YEARS 9 MONTHS (a) Regular meetings should be held between YOT and National Probation Service to confirm cases for transition in a timely fashion. Consideration should be given in line with the principles and guidance above and the additional considerations on page 21 (b) YOT case manager and the allocated National Probation Service offender manager meet to discuss the young person, agree transfer and develop a transition plan. This meeting may be with a specialist transition worker. At this point an agreement for phased case transfer should be reached; this could include joint working over a prolonged period of time depending on the needs of the young person and their family. (c) The YOT and National Probation Service should have clear, auditable recording of transition steps in place with effective management oversight. (d) The YOT case manager should ensure all assessment, planning and other relevant information is up to date in preparation for transition.
18 (e) Inform the victim officer of pending transfer. (f) Make contact with other professionals to ensure they are aware of and engaged in the transition plan, which may be through existing multi agency meetings or invitation to specific transition meeting. STEP 3: Prepare young adult for transition (a) YOT case worker, and adult offender manager and young person should meet to introduce the young person and where relevant, their family/carer/significant adult(s) to the transition process, ensuring their understanding and engagement and to jointly develop the transition plan. This should be repeated as required according to need. (b) Regular multi agency meetings should take place to discuss and monitor transition progress (specific transition meeting or part of existing meetings). (c) A joint home visit should be conducted by YOT case manager and National Probation Service offender manager. (d) Young person should be informed of imminent transition and a final YOT appointment conducted. STEP 4: Engage with young adult s support framework (a) The National Probation Service offender manager and YOT case manager should attend all multi agency meetings/case planning forums/reviews including those in custody during the transition period as agreed in the transition plan. (b) Gaps or obstacles to accessing appropriate services need to be escalated through appropriate channels (for example YOT Management Board or IOM Cymru regional groups). STEP 5: Prepare for case transfer into IOM team
19 (a) One month before transfer date the YOT should refer the case to the IOM multi agency selection panel. (b) All assessment, planning and other relevant information should be reviewed and signed off by the appropriate YOT manager. All relevant information should be shared with all appropriate agencies. STEP 6: Formal transfer This will take place at the agreed time following the young adult s 18 th birthday; however this is flexible depending on what is considered in the best interest of the young adult. (a) The National Probation Service should formally accept the transfer of the case and take responsibility for case management. The IOM Team Manager will formally allocate responsibility for management of the young adult. (b) The case should be closed on the YOT case management system and commenced on the National Probation Service case management system. (Information will be transferred securely using the Y2A portal when available). (c) National Probation Service Offender Manager completes an initial sentence plan, within appropriate timescales incorporating the assessment, planning and other relevant information from the YOT and other partners. STEP 7: Sentence Plan Review & Service User Feedback 4 MONTHS POST TRANSITION DATE (a) National Probation Service Offender Manager to conduct 4 month stage sentence plan review with young adult. This should be informed by any engagement with their family/carer/significant adult(s). (b) Service User Feedback should be obtained by the National Probation Service offender manager regarding the transition process.
20 Further Considerations Enforcement While the young person is subject to YOT supervision, the YOT will be responsible for any enabling compliance or enforcement procedures which are enacted. If a young person reaches breach before the transfer has been completed, the YOT will retain case responsibility until breach proceedings have been concluded. When breach occurs during the transition process any proposals made in the breach report will reflect and reference transition planning. This information should also be provided to any risk management forums (e.g. MAPPA) and consideration be given to whether the transition plan needs to be updated. If a young person has received any formal warnings prior to transfer, but not been returned to court for breach, this should be discussed and monitored during the transition process. Should the young person demonstrate compliance during this period, consideration should be given to adopting a professional judgement approach with regards to formal warnings at the point of transfer. However, this should be considered on a case by case basis and discussed with relevant Managers before a final decision is reached. When undertaking these decisions, all staff must take into account the maturity of the young person and their overall compliance levels, as well as the risks they may pose. Pre-sentence reports Where there is a request from the courts to the YOT for the preparation of a pre-sentence report when the young person is aged 17 years and six months, consideration should be given to the appropriateness of the YOT seconded probation officer or (if in the structure of the service locally) an officer with specific responsibility for transition completing the report. This will be dependent on the individual circumstances of each case. Points also to consider are: is there a credible possibility of custody on a first conviction in youth court? is the young person already engaged in the transition process? is the young person a locally identified priority offender? Where relevant the pre-sentence report conclusion and supervision plan should outline the proposed transition to adult services and confirm that this has been discussed and agreed with the young person.
21 Unpaid work YOT s are now responsible for any young person aged 16 and 17 sentenced to complete unpaid work. There is an acceptance that young people will complete unpaid work hours prior to any transfer of any ongoing supervision of the case. The YOT pre-sentence report writer needs to consider if the hours can be delivered before transfer and the intervention planning needs to take account of this. Where the YOT retains supervision beyond the 18th birthday and there are unpaid work hours unfinished and non-compliance resulting in breach proceedings, the breach will be heard in adult court and this should be facilitated by the National Probation Service and a new adult order made and any subsequent unpaid work hours managed by the Community Rehabilitation Company responsible for unpaid work. Custody There are situations where a young person/adult will be serving a Detention and Training Order (DTO) within an adult estate. This can occur when the young person/adult has turned 18 in the period between the point of conviction and the time they are sentenced to a custodial period. It is also possible for the young person/adult to be transferred from the young persons unit to the adult estate when turning 18 years of age. (This is also the case for young people made subject to a long term custodial sentence under Sections 90 and/or 91 of the PCC(S)A 2000 or 226/228 of the CJA 2003) Adult prisons are not equipped or resourced to provide the requirements for sentence planning and reviews that accompany DTO sentence which highlights the need for effective transition arrangements to be in place and the ongoing involvement of the YOT (consideration may be given to the appropriateness of the National Probation Service taking over the sentence planning in these cases, including any application for early release and the community supervision). If the young person/adult is transferring to the adult estate on or around their 18th birthday, this should have been set out clearly during DTO reviews and preparation of the young adult seen as important as if they were in the community. The national standards for youth justice services sets out the required frequency of contact by the YOT while the young person is in custody. This standard should not be affected by a transfer to an adult establishment. Visits are especially important given that the case reviewing arrangements are likely to be less certain. Transition of community cases subject to DTO or Section 91 Licences should follow the Step by step Y2A transition procedure outlined above A breach of a DTO however should be conducted through the youth court as if it is a post transfer breach, it will require YOT court officers to lay the information before the court to list the breach and request a summons. Recent changes under the transforming rehabilitation agenda have introduced extended supervision to those young adults subject to DTO community supervision. Where a young person has turned 18 and is released under YOT supervision but reoffends, the case will transfer to Probation, however the YOT
22 can now remain involved with the young adult for the extended period. The extended supervision provided by YOS post transition is intended to be more welfare focused and the offence focused work delivered by Probation. Priority offender cohorts/mappa Special attention will also need to be given to those young people subject to MAPPA and/or Integrated Offender Management (IOM)/priority offender arrangements. Transition planning will take account of existing management processes for these groups considering the development of local IOM arrangements for specific priority groups, for example the Women s Pathfinder. A child or young person who is convicted of a serious sexual or violent offence (as set out in Schedule 15 to the Criminal Justice Act 2003) will be a MAPPA offender. The law also requires his/her needs as a child to be considered. It is important that all statutory agencies that have a responsibility for children and young people take this into account. Wherever a child or young person is being discussed at a multi agency and public protection meeting, the meeting must ensure that it considers its responsibilities to safeguard and promote the welfare of children as well as the risk of harm the young offender presents to others. Children s services should always be represented at these multi agency and public meetings. When a child has been identified as a child in need, it is essential that the appropriate agency is properly represented at the multi agency and public protection meeting and is able to demonstrate that it is fully meeting its obligations to meet the needs of the child. Given these duties, MAPPA needs to take a different approach when managing children and young persons. When identifying the risk of potential harm to others that the child or young person poses, any risks to the child or young person must also be taken into account. Identification and notification Standard Arrangements are in place for the identification and notification of MAPPA young offenders The YOT is responsible for identifying which of its cases are MAPPA cases. This should be recorded on the YOT case management system. This should occur within 3 days. For those on community sentences, notification is required at the start of the order. For those on custodial sentences, the YOT must notify the MAPPA co-ordinator of brief details of all relevant MAPPA offenders using MAPPA H 6 months before release. Referral Standard All MAPPA young offenders requiring level 2 or 3 management must be referred to the MAPPA Co-ordinator The YOT will undertake an internal review of all its MAPPA Category 1 and 2 cases and identify which of its cases will be managed at level 1. In these cases the YOT will work with the young person following its relevant policy, procedures and standards.
23 A YOT cannot identify a case as requiring management at level 2 or 3 and then decide that because it is a multi-agency team, it does not have to make a referral to the MAPPA co-ordinator. The YOT will assess the level of MAPPA management that is required for each individual case taking into account the needs of the child or young person as well as the potential risk of serious harm he or she presents to others. Attendance at MAPPA meetings Standard the YOT and Children s Services must be suitably represented at all level 2 and 3 meetings for young offenders Each case should be managed at the level necessary to provide an effective risk management plan which balances public protection with the rights and needs of the child or young person. Where the YOT case worker believes that this is a case which requires active multi-agency management at MAPPA level 2 or 3, he or she will complete the MAPP meeting referral document (MAPPA A). This will be endorsed by his or her manager and sent to the MAPPA co-ordinator. The referral must include information about why the case would benefit from active multi-agency management beyond what the YOT can offer. The nature of the case might suggest that it will attract local or national media attention, or that there is a need for additional multi-agency resources to manage the potential risk of harm. The referral will be reviewed and where the case meets the agreed threshold taking into account the needs of the young person as well as the risk of harm he or she presents a level 2 or 3 MAPP meeting will be arranged. If the young person is in custody, this referral should take place at least 6 months, before his or her release date to allow effective risk management plans to be put in place. Whenever a referral relating to a child or young person is made by an agency other than the YOT, the YOT must attend the meeting as it may well have information relating to the case. A YOT manager who is senior enough to act as consultant to the multi-agency and public protection meeting Chair should be present at all meetings where a child or young person is being discussed, to ensure that additional factors are properly and fully addressed. This should help to identify potential additional resources that may be required. If, as part of the MAPPA risk management plan, licence conditions are discussed, it is essential that any additional licence conditions proposed are proportionate to the level of risk identified. The YOT manager is not there to represent the local authority this task should be undertaken by someone else. Whenever a child or young person is being discussed at a multi-agency and public protection meeting, a representative of Children s Services must also be present to ensure that decisions take into account the needs of the child or young person. Disclosure see chapter 9 MAPPA Guidance Information Sharing and chapter 10 Disclosure The above chapters apply, there is however an additional factor: harm to the child or young person, which could occur because disclosure has taken place. For example when a young person who has committed a sexual offence is still
24 of school age, the consideration of whether and how to disclose information must take into account the need of the child or young person to continue with his or her education while ensuring that others are protected. This type of issue will always need careful consideration. After any initial disclosure to the education services or the relevant Head Teacher, a discussion should take place about who additional needs to know and how the risks can be effectively managed. In order to ensure that the proper considerations have been taken into account, no decision about disclosure can be made unless a senior representative of both the YOT and children s services are present at the multi-agency and public protection meeting. The YOT worker should consider informing the Local Safeguarding Children Boards when disclosure is made. As in all cases, decisions on disclosure should be recorded on the MAPPA minutes. Guidance for management of registered sex offenders at point of transition At Y2A transition, the case will be jointly managed by the National Probation Service offender manager in the IOM Unit and the sex and dangerous offender officer in the Public Protection Unit. 1. The National Probation Service offender manager should complete an OASys Risk Assessment and be responsible for the active management of the sentence of the Court including the requirements and/or the conditions of Licence Supervision. The National Probation Service offender manager will be responsible for ensuring the case has been screened by MAPPA. 2. The sex and dangerous offender officer should complete an assessment of the risk of sexual offending and will be responsible for the active management of the sex offender registration and for updating ViSOR. 3. The individual should be managed in conjunction with the police officers and other partners within the IOM Unit who will provide additional monitoring and/or intelligence gathering and services to meet criminogenic needs as required.
25 Annex A Service user feedback To be completed in partnership with a service user organisation where possible. Questions Comments How were you involved with the planning around your transition from the YOT to IOM? What did you understand to be the differences between the two services (YOT and IOM) before your case was moved across? What, if anything could have been improved? How was your parent/carer/significant other involved in your transition between YOT and IOM? What, if anything, did you find useful about the handover meeting? (The meeting where your case was handed to IOM) Did you get to meet your offender manager before your case was handed over to IOM? What, if anything, could have been better? What do you think was the most useful in supporting your transition from YOT to Probation? What would you like to change? Thank you for completing this questionnaire, we can use this to improve transitions for other young people moving from YOT to the National Probation Service.
26 Annex B Y2A transition offender manager role The Y2A transition offender manager role locates the transition period with one practitioner, straddling both youth and adult services ensuring that nothing is lost in a hand-over process during this critical time. This specialist role supports young people/adults transitioning from YOT to Probation, by spanning both services, providing effective and efficient management of the transition process and enabling continuity of relationship and consistency of support to the young adult as well as motivation to encourage compliance. The Y2A transition offender manager manages all transition cases commencing within the YOT and continuing into the local IOM team. This arrangement provides continuity of relationship for the young person/adult and enables smooth case transfer in regard to information sharing, risk assessment and management and crucially, continuation of all relevant interventions. The latter can be continued within YOT, if appropriate, or within adult justice reducing reoffending pathways support provision. The Y2A transition offender manager role requires different levels of resource in accordance to varying geographical and local needs. In more urban areas the number of transition cases may require a full time resource, however it is anticipated that there may be less of a demand in more rural areas. The Y2A transition offender manager role will not always be a standalone post, but may constitute part of the National Probation Service seconded offender manager s role. This will be reflected in the dedicated time split between YOT and Probation by that member of staff. The Y2A transition offender manager role represents a refocus of National Probation Service resources with the aim of fully utilising and enhancing current arrangements. Local Y2A transition arrangements in Wales should therefore reflect the agreed principles and guidance in relation to transfer of all cases into local IOM Cymru teams with retention of the case by the National Probation Service Y2A transition offender manager wherever this arrangement is in place.
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