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1 Scaled Approach and YRO – YOT briefing events 26 August – 8 October 2009

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Scaled Approach and YRO – YOT briefing events. 26 August – 8 October 2009. Objectives. Have an in depth understanding of the new sentencing framework Understand how the Scaled Approach interacts with the new sentencing framework - PowerPoint PPT Presentation

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Page 1: Scaled Approach and YRO – YOT briefing events

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Scaled Approach and YRO – YOT briefing events26 August – 8 October 2009

Page 2: Scaled Approach and YRO – YOT briefing events

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Objectives Have an in depth understanding of the new sentencing

framework

Understand how the Scaled Approach interacts with the new sentencing framework

Understand the purpose and use of National Standards, Case Management Guidance and Criminal Justice & Immigration Act Practice Guidance in the context of the changes

Page 3: Scaled Approach and YRO – YOT briefing events

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AGENDA: DAY 1 Welcome, introductions, project update and approach to event

Criminal Justice & Immigration Act Overview

Referral Orders & Case Study *

YRO and Requirements *

YRO, Scaled Approach, PSRs *

YRO – Packages of Interventions *

Wrap Up

Overview of CMS

* Presentation & exercise

Page 4: Scaled Approach and YRO – YOT briefing events

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AGENDA: DAY 2Welcome and Recap

YRO – Managing Requirements *

Quality Assurance

Transitional arrangements *

Persistence

Intensive Supervision and Surveillance *

Enforcement and Compliance *

Post Implementation Support

WRAP UP and Close of Event

* Presentation & exercise

Page 5: Scaled Approach and YRO – YOT briefing events

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Approach to the slides

Page 6: Scaled Approach and YRO – YOT briefing events

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Approach to the event: Table activities

Case Studies and Activities

Feedback at tables (small groups)

Facilitator at each table to support and provide

guidance

Intensive Supervision &

Surveillance

ReferralOrders

Youth Rehabilitation

Order

YRORequirements

Scaled Approach

Packages ofIntervention

Enforcement &

Compliance

Page 7: Scaled Approach and YRO – YOT briefing events

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YP appears in Court

$

Courts orders report

YOT undertakes assessment

Sentence ends

Order completed

Young Personnot compliant

Enforcement proceedings

YOT reviews compliance

YOT determines intervention

level YOT determines appropriate

requirements

$

Court determines appropriate sentence

YOT implements

order

Page 8: Scaled Approach and YRO – YOT briefing events

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After this event what should you do?

● Think about throughout the two days, how and what you might need to deliver back at your YOT

● Schedule de-briefing events at your YOT

● Plan for activities that need to take place post the go-live

Page 9: Scaled Approach and YRO – YOT briefing events

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Update on guidance

Page 10: Scaled Approach and YRO – YOT briefing events

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● MUST DO

● Minimum standards for youth justice

● DO NOT address regime standards

● Primarily focussed on community but also interface between YOTs and key partners e.g. secure estate

● Used in conjunction with:

Case Management Guidance

Criminal Justice & Immigration Act Practice Guidance

Key Elements of Effective Practice

Update on guidance:National Standards for Youth Justice

Page 11: Scaled Approach and YRO – YOT briefing events

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Update on guidance: National Standards - What’s changed?

● Youth Rehabilitation Order and Scaled Approach● Remand Planning and Remand Reviews● DTO planning meetings which reflect different lengths of

orders● Quality Assurance for assessments● CAF undertaken in line with local procedures● Connectivity and other WUYJ processes ● Maximisation of victim involvement● Intensive Supervision and Surveillance● Clarified and updated long-term custodial sentences and

Hospital Order standards

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● HOW TO

● Aimed at practitioners and managers in the community

● Covering operational and case management responsibilities

● Each section has a reviewing and improving practice section

● Can be used by Secure Estate and partners to look at guidance provided to YOTs

● Used in conjunction with:

National Standards for Youth Justice

Criminal Justice & Immigration Act Practice Guidance

Key Elements of Effective Practice

Update on guidance: Case Management Guidance

Page 13: Scaled Approach and YRO – YOT briefing events

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● NOT statutory guidance

● Main focus is the YRO but other key CJ&I act provisions are included

● Enable practitioners and managers to have basic understand of implications of legislation

● NOT intended to be a comprehensive guide to legal or practice implications of the new legislation

● MUST be used in conjunction with: National Standards for Youth Justice Case Management Guidance Key Elements of Effective Practice

Update on guidance: Criminal Justice and Immigration Act Practice Guidance

Page 14: Scaled Approach and YRO – YOT briefing events

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● WHAT TO DO

● To be used by YOTs and secure establishments

● Describe the features of and approaches to effective interventions, by identifying the key elements which are known to work

● Primary tool for evidence based self assessment and quality assurance, providing the benchmark for effective practice

● Relevant for those involved in delivery / operational and first-line and strategic managers

● Used in conjunction with: National Standards for Youth Justice Criminal Justice & Immigration Act Practice Guidance Case Management Guidance

Update on guidance: Key Elements of Effective Practice and Source Documents

Page 15: Scaled Approach and YRO – YOT briefing events

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Criminal Justice and Immigration Act (CJ&I) 2008

● Purposes of Sentencing

● Community Related Changes

● Custody Related Changes

Page 16: Scaled Approach and YRO – YOT briefing events

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Purposes of sentencing

● Brings purposes of sentencing in line with principal aim of preventing offending and gives equal weight to other factors including welfare

● When sentencing an offender under 18 the courts should give equal weight to: the principal aim of the youth justice system (prevent offending) the welfare of the young person in accordance with section 44 of the

Children and Young Persons Act 1933, and the purposes of sentencing

● punishment

● reform and rehabilitation

● protection of the public

● making of reparation

Page 17: Scaled Approach and YRO – YOT briefing events

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Balancing the Purposes of sentencing● Far more than with adults, the approach to sentence will be

individualistic

● In balancing the purposes of sentencing, the key elements are:

the age of the offender (chronological and emotional)

the seriousness of the offence

the likelihood of further offences being committed and

the extent of harm caused or likely to result

● Proper regard for welfare concerns such as mental health, capability and learning difficulties or disorders all which might affect the likelihood of the purposes being achieved

(Sentencing Guidelines Council)

Page 18: Scaled Approach and YRO – YOT briefing events

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Welfare Considerations

Mental Health

Experiences of loss or abuse

Adolescence

Vulnerability

Feelings ofdiscrimination

Speech & language difficulties

Learning difficulties/ disabilities

Courts and

YOTs

Culpability when addressing

seriousness

Ability tounderstand and

comply with sentence

Ability / willingness to engage in court

Purpose / type / length of sentence and requirements

(Sentencing Guidelines Council and Judicial Studies Board)

Page 19: Scaled Approach and YRO – YOT briefing events

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Courts Approach to Sentencing

Assess offence seriousness

Consider offender mitigation

Principal aim (prevent offending) and welfare

Balance the purposes of sentencing

Sentencing Decision Reached

Magistrates will use above to determine if PSR / report requiredYOTs will need to take the magistrates decision in to account

Page 20: Scaled Approach and YRO – YOT briefing events

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Other legislative provisions

Page 21: Scaled Approach and YRO – YOT briefing events

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Community related changes● Youth Conditional Cautions (YCC)

Higher-tariff, pre-court disposal available for use by police Joint Youth Justice Unit are still working on securing pilot sites November 2009 launch with proviso of commencement order

● Youth Default Order Power in lieu of unpaid fine to impose unpaid work (16-17 yrs),

curfew (with or without EM) or attendance centre (only)● Anti-social behaviour changes

Statutory one year reviews of ASBOs for under 17 year olds ISOs must be issued with every ASBO where magistrates’ court

consider it would help prevent further antisocial behaviour

Page 22: Scaled Approach and YRO – YOT briefing events

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Community related changes (2)

● ‘Spent’ warnings, reprimands and cautions Reprimands and Warning spent once given Conditional Cautions spent after three months

● Sexual offences Prevention Orders Some young people are eligible for these if convicted of an

offence listed under Schedule 3 of the Sexual Offences Act 2003

Page 23: Scaled Approach and YRO – YOT briefing events

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Custody related changes● PSR must be in writing where possible custody sentence likely

● Public protection sentences – minimum custodial term of 2 years before any reduction for time spent on remand or before consideration of release on licence

● Curfew credit for tagged bail periods, at courts discretion if 9+ hours per day, to be taken into account in fixing custodial period

● Young people aged 17 years can be tagged on bail, if court satisfied bail would not otherwise be given

● Subject to satisfaction re risk of serious harm to others, automatic 28 day release after recall for 12+ months custody

Page 24: Scaled Approach and YRO – YOT briefing events

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Referral Orders

● CJI Act changes● Custody Threshold cases

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Referral Order changes in the CJ&I ActFrom 27th April 2009, Courts can make Referral Orders where:

● There is one previous conviction and Referral Order not given

● Previous bind over or conditional discharge

● In exceptional circumstances on YOT recommendation in case with previous Referral Order

● Also includes where a previous custodial sentence has been given

And court discretion:

● Discharge Referral Orders early for good behaviour

● extend up to three months at YOT recommendation e.g. non-compliance

Page 26: Scaled Approach and YRO – YOT briefing events

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Issues since implementation

Second Referral Order (RO):

● Second Referral Order can be given in exceptional circumstances, defined by the YOT’s recommendation to the Court.

● Second RO cannot be given while the first RO is running. Also, the second RO for the new offence cannot run concurrently with the first RO.

● First RO should be completed successfully and a gap of non offending should follow before a second RO is considered.

● The first RO cannot be revoked in order to make a second RO.

Page 27: Scaled Approach and YRO – YOT briefing events

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Compensation:● Consider compensation within the RO contract to avoid using

Compensation Order which is not spent until 30 months after the date on which it is given.

Length of Panel Members’ Service● Following a review of Youth Offender Panel volunteer service,

Ministers have decided that: the tenure of current panel volunteers can be extended for a

maximum of two years any new panel volunteer recruited in the next 12 months will be

recruited for a maximum of six years the situation will be reviewed in 12 months.

Issues since implementation 2

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Referral OrderCustody Threshold Cases● Custody threshold = adjourn for PSR

● PSR proposal for a Referral Order should be presented as a robust and credible sentencing option which should involve a referral order intensive contract (Referral Order 09 guidance) – Available NOW

● An referral order intensive contract should include:

the provision of similar resources to those available for other community sentences in custody threshold cases (up to 25 hrs / week)

the full range of intensive community intervention options, including non-electronic curfews

restrictions should be considered to match the requirements of the case

(Referral Order 09 guidance)

Page 29: Scaled Approach and YRO – YOT briefing events

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Proposals to Court

PSR Request

Undertake assessment

Considering IntensiveReferral Order?Populate

Asset / ROSH

Considerpre-

sentence panel

Panel / YOTdeterminespossible elements

of contract Pr

epar

e PS

R

Supervise Under

Scaled Approach?

Consider a pre-sentence

panel

Page 30: Scaled Approach and YRO – YOT briefing events

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Panel Proposals

If a Referral Order is made: YOT panel report includes PSR draft intervention plan formal panel meeting within five working days to formally

agree the contract (where a pre-court panel was held prior to sentence).

intensive contract with full range intensive interventions similar to other community sentence custody threshold cases

Page 31: Scaled Approach and YRO – YOT briefing events

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Case Study - Referral Order1. Review Case Study

2. Consider the Asset / ROSH for Stefan

3. Consider summary page showing indicative intervention level

● Determine what might be the appropriate level of supervision based on your assessment

● What representations / recommendations would you make to the Referral Panel and Court in relation to the young persons intervention Why make the proposal? What would it look like?

● Record on Activity template

30 mins

Page 32: Scaled Approach and YRO – YOT briefing events

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Key LearningGuidance● Referral Order Guidance 2009

● CJ&I Act Practice Guidance and Legislation

● National Standards 2009

Key Messages● Referral Order intensive contracts are optional but should be used

to prevent young people unnecessarily receiving custody

● Should ideally be done in consultation with Panel prior to sentence

● Locally determined criteria for threshold for referral

● Consider most appropriate use of YOT resources and programmes to facilitate these intensive contracts i.e. not advisable to mix referral order and ISS young people

Page 33: Scaled Approach and YRO – YOT briefing events

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Youth Rehabilitation Order (YRO)

● The Youth Rehabilitation Order (YRO) – overview

● Requirements

● Application of the Scaled Approach

● Transitional Arrangements

Page 34: Scaled Approach and YRO – YOT briefing events

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YRO – key information

● Only available for cases serious enough to justify a community sentence (courts not obliged)

● Is a single community sentence within which a court may include one or more requirements variously designed to provide punishment, protection of the public, for reducing offending and for reparation

● Content and length based on principles of proportionality and suitability given that restrictions on liberty must be commensurate with the offence

Page 35: Scaled Approach and YRO – YOT briefing events

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Activity – YRO Overview

● In your pack there are some statements about the YRO with the answers on a separate page

● Match the words to the statements

● There will be a prize for the quickest table finished with the correct answers

10 mins

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YRO Requirements

● What are they?

● How do they work?

● When can they be used?

● Who is responsible for enforcement?

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What does the YRO replace?

● Action Plan Order● Attendance Centre Order● Community Punishment & Rehabilitation Order ● Community Punishment Order● Community Rehabilitation Order ● Curfew Order● Drug Treatment and Testing Order ● Supervision Order● Exclusion Order

Page 38: Scaled Approach and YRO – YOT briefing events

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YRO Requirements1.Supervision Requirement

2.Programme Requirement

3.Activity Requirement

4.Attendance Centre Requirement

5.Curfew Requirement

6.Education Requirement

7.Residence Requirement (16/17 year olds only)

8.Local Authority Residence Requirement

9.Drug Treatment Requirement

10.Drug Testing Requirement

11.Mental Health Treatment Requirement

12.Intoxicating Substance Treatment Requirement

13.Exclusion Requirement

14.Prohibited Activity Requirement

15.Electronic Monitoring Requirement

16.Unpaid Work Requirement (16/17 year olds only)

17.Intensive Fostering

18.Intensive Supervision and Surveillance

Alternatives to Custody

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ActivityWhat is it?

Requires young person to engage in activities specified in their orderHow does it work?

No more than 90 days Residential (7 days and requires parents/ carers must consent) Must consult with YOT and be satisfied of local provision Consent where third party involvement Can be used to deliver reparation

When is it appropriate? To prevent further offending and address all levels on the Scaled

Approach model If enhanced or intensive, additional requirements should be considered

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external

service providers

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SupervisionWhat is it?

Replaces the current Supervision Order. Requires young person to meet with the responsible officer or other nominated person as agreed

How does it work? Maximum of 3 years When attached will last the duration of the order To be managed in line with scaled approach intervention level

When is it appropriate? To prevent further offending and address all on the Scaled Approach Can be used as the vehicle for addressing a young person’s offending

behaviour

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external

service providers

Page 41: Scaled Approach and YRO – YOT briefing events

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Unpaid WorkWhat is it?

Replaces current community punishment order for 16 and 17 year olds. Requires a young person to undertake unpaid work for the specified number of hours

How does it work? Only available for 16 and 17 year olds 40 hours to 240 hours Young person must be suitable to undertake the work and that provision must be

available in the local area Specified work must be undertaken within 12 months from when the order came

into effect YRO remains in force until the young person has completed the unpaid work

When is it appropriate? Vehicle for repairing harm to the young person’s community

Who manages this requirement? Local probation service responsible for delivery Stand alone monitoring when this is the only requirement. YOT responsible for breach on behalf of the local probation service

Page 42: Scaled Approach and YRO – YOT briefing events

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ProgrammeWhat is it?

Requires young person to engage in systematic number of activities (a programme) at a specified place on a specified number of days

How does it work? Programme must be recommended by the YOT Programme must be available at the place(s) specified If a third person’s compliance is necessary, that person must consent

When is it appropriate? Should be considered when a young person’s assessment shows them to be

suitable for the specified programme e.g. specific offending behaviour programme Young person must be capable of managing attendance and participation

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external service

providers

Page 43: Scaled Approach and YRO – YOT briefing events

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Attendance Centre

What is it? Replaces the current Attendance Centre Order and requires the young person to

attend the attendance centre for the number of hours specified in the orderHow does it work?

Aged 16 and over = 12 – 36 hours Aged 14 and over but under 16 = 12 - 24 hours Aged under 14 = no more than 12 hours Maximum of 3 hours per day Maximum of 1 session per day

When is it appropriate? For the majority of young people to prevent further offending and address all

levels of likelihood of reoffending as described in the Scaled Approach modelWho manages this requirement?

Attendance Centre Protocol – adapt for local purposes Attendance centre officer is in charge of monitoring compliance YOT responsible for determining and prosecuting breach

Page 44: Scaled Approach and YRO – YOT briefing events

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Prohibited ActivityWhat is it?

Requires that the young person must not participate in specified activities on the day or days specified or during a set period of time

How does it work? A court may not attach unless it has consulted with the YOT or local Probation

When is it appropriate? Where a young person’s offending is linked to a particular activity and

prohibiting this activity would be an effective way to prevent further offending. Prohibited activities may include non-association with certain peers

Who Manages this requirement? The YOT manages this requirement but will need to put in place agreements

with local partners to ensure it is able to effectively monitor and enforce it.

Page 45: Scaled Approach and YRO – YOT briefing events

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CurfewWhat is it?

This replaces the current curfew order and requires a young person to remain in a specified place for a specified period of time

How does it work? Cannot be for less than 2 hours or more than 12 hours in any day Only available for up to 6 months starting on the day the requirement first takes

effect When is it appropriate?

Should be considered when there is a clearly identified time-based pattern of offending and a curfew during that period of time would contribute to preventing further offending

Who manages this requirement? If imposed alongside one or more other YRO requirements for which the YOT is

ordinarily case manager of if it is a stand alone curfew requirement (i.e. no electronic monitoring requirement attached) the YOT is responsible for monitoring and enforcement

Page 46: Scaled Approach and YRO – YOT briefing events

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Electronic Monitoring What is it?

Means that the young person must remain in a specified place for the specified period

How does it work? Must be attached to a curfew requirement unless the court considers it

inappropriate to do so or is prevented from doing so because:• Third part cooperation is required and not obtained• The court has not been notified by the Secretary of State of the local

availability of EMWhen is it appropriate?

Where it is considered that the imposition of this requirement will encourage and enable young people to comply with their curfew requirement and prevent further offending

Who manages this requirement? Where there is only a curfew requirement with EM, the EM provider will monitor

and enforce Where there are additional requirement ordinarily managed by the YOT, the

YOT will monitor and enforce on advice from the EM provider

Page 47: Scaled Approach and YRO – YOT briefing events

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Exclusion

What is it? The exclusion requirement replaces the current Exclusion Order Prohibits a young person from entering a place for a specified period

How does it work? Period must not be longer than 3 months May specify exclusion from a particular place or area for different periods

over different days

When is it appropriate? Should be considered where there is an identifiable geographical / physical

pattern of offending by the young person and excluding them from an area or premises will help to prevent further offending.

Who Manages this requirement? The YOT manages this requirement but will need to put in place agreements

with local partners to ensure it is able to effectively monitor and enforce it.

Page 48: Scaled Approach and YRO – YOT briefing events

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Residence

What is it? Requires the young person to reside with an individual specified in the order or in a

place specified in the orderHow does it work?

Courts cannot specify an individual with whom the young person is to reside unless that person consents

Courts cannot specify a place of residence unless the young person is over 16 years at the time of conviction (a ‘place of residence’ requirement)

Courts must consider the young persons home circumstances and that these are contributing to the young persons offending behaviour

When is it appropriate? Should only be considered where a young person’s current living arrangements are

contributing to their offending behaviourWho manages this requirement?

The YOT in original home authority responsible for monitoring and enforcing Reliant on progress information from the person with whom the young person is

residing

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Local authority residence

What is it? Requires the young person to reside in accommodation provided by or on behalf

of the local authorityHow does it work?

Court must consult with parents/ guardians before imposing Court must consult with the local authority in which the young person is to reside

and which will be specified in the order Can stipulate that the young person is not to be placed with a specified individual Maximum duration of 6 months Cannot include any period after the young person has reached 18 years of age

When is it appropriate? Where it is considered a young person’s living arrangements have contributed to

their offending behaviourWho manages this requirement?

YOT responsible for monitoring and enforcing this requirement Reliant on information from the authority responsible for the young person’s

accommodation

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Mental health treatment What is it?

Requires young person to submit to treatment by or under the direction of a registered medical practitioner/ chartered psychologist for the period of time specified

How does it work? Can be either residential or non residential treatment Before imposing, the court must have evidence from registered medical

practitioner that the young person may be susceptible to treatment The young person must express a willingness to comply Court must be satisfied that there is local provision to deliver the requirement

When is it appropriate? Will only be appropriate for those young people where previous voluntary

engagement has failed and where their mental health conditions has been identified as a substantive factor in their offending behaviour

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external service

providers

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Drug treatment What is it?

Requires a young person to submit to treatment during a specified time with the view to reduce or eliminate their dependency on, or propensity to misuse, drugs

How does it work? Can be residential or non-residential treatments Court must be satisfied of young persons dependency or propensity to misuse drugs

and that they would be susceptible to treatment Court must be satisfied that local arrangements are in place to deliver this requirement

as advised by the Secretary of State and it must have been recommended by the YOT or probation as suitable for the young person

The young person must have expressed a willingness to complyWhen is it appropriate?

Should only be attached where previous voluntary engagement has failed and where the young person’s drug misuse has been identified as a substantive factor in their offending behaviour

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external service providers

Page 52: Scaled Approach and YRO – YOT briefing events

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Drug testing

What is it? Requires a young person to provide samples as instructed by their

responsible officerHow does it work?

Can only be imposed if drug treatment requirement also imposed Court cannot attach to a YRO unless advised by the Secretary of State

of the availability of local arrangements Young person must express a willingness to comply

When is it appropriate? Can be imposed along side drug treatment requirement where it is

considered it would help the young person in remaining drug freeWho manages this requirement?

The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external

service providers

Page 53: Scaled Approach and YRO – YOT briefing events

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Intoxicating substance treatment What is it?

Requires a young person to submit to treatment during a specified time with the view to reduce or eliminate their dependency on, or propensity to misuse, intoxicating substances

Includes alcohol or product whose fumes capable of being inhaled (NOT drugs)How does it work?

Can be residential or non-residential treatments Court must be satisfied of young persons dependency or propensity to misuse

intoxicating substances and that they would be susceptible to treatment Court must be satisfied that local arrangements are in place to deliver this

requirement and it must have been recommended by the YOT or probation as suitable for the young person

The young person must have expressed a willingness to complyWhen is it appropriate?

Should only be attached where previous voluntary engagement has failed and where the young person’s intoxicating substance misuse has been identified as a substantive factor in their offending behaviour

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external service providers

Page 54: Scaled Approach and YRO – YOT briefing events

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Education What is it?

Requires young person to comply with approved education arrangements for a specified period of time

How does it work? Young person must be of compulsory school age and requirement and cannot be order

for any period beyond compulsory school age Court must consult with local authority to ensure local provision is available It is satisfied that the provision is suitable to the young person’s age, aptitude and any

special educational needsWhen is it appropriate?

May be used for young people whose non-attendance in education has been a significant factor in contributing to offending behaviour

Careful consideration should be given to recommending such a requirement and should be used only where absolutely necessary

Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external service providers

Page 55: Scaled Approach and YRO – YOT briefing events

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Intensive Fostering Intensive Fostering mandatory requirements:

Pilot areas only (Wessex, Staffordshire, London and Trafford) Court must consider whether living arrangements contributed to

offending Must end no later than 12 months Must not include any period of time after the young person has

turned 18 Young person would become looked after Must include Supervision Requirement

● For both IF and ISS, additional requirements can be attached (e.g. programme requirement) but the YRO is still considered a YRO with ISS / Intensive Fostering

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Key LearningGuidance● Case Management Guidance● National Standards● Criminal Justice and Immigration Act practice guidance

Key Messages● Provisions will need to be made available locally if full range of

requirements are to be used● Whilst YOT supervises many of the requirements – they require

partnership working e.g. prohibited activity requirement● Local understanding in relation to monitoring and enforcement

responsibilities for certain requirements● If transferring a case to another area, you must check that the

requirements are available – where they are not you will need to take the matter back to court

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YRO and the Scaled Approach

● Courts Role in sentencing

● Reports for Courts

● Assessments and the Scaled Approach

● Determining Requirements

● Proposals to Court

● Managing Requirements

● Case Management

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Court requests

PSR

Court indicates

likely sentence

YOT undertakes assessment

Gather Info fromrange of sources

Populate Asset

(and ROSH if applicable)

DetermineScaled Approach

Intervention level

Apply professional judgement if

applicable and seek managerial

signoff

Determine possible YRO requirements

Prepare PSR based on all available info

Assessments for reports

Page 59: Scaled Approach and YRO – YOT briefing events

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Courts’ Role in Sentencing

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Determining nature and extent of requirements

Key factors from Sentencing Guidelines Council guidance are:

Seriousness of the offence

Purposes of sentencing the court wishes to achieve

Likelihood of reoffending

Ability of the offender to comply

Availability of requirements locally

(Sentencing Guidelines Council)

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Before making an order…

● The court will consider a report or information from the YOT who will be seeking to identify an appropriate balance between:

the seriousness of the offence

the risk of harm in the future from any further offences

the needs of the young person

● YOT will be undertake an assessment using Asset supported by professional judgement which will determine: the likelihood of re-offending the risk of serious harm to others Scaled Approach Intervention level

(Sentencing Guidelines Council)

Page 62: Scaled Approach and YRO – YOT briefing events

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Determining Length

● The court must fix a period within which the YRO must be completed (no be more than 3 years)

● The order will commence the day after the order is made

● BUT where subject to a DTO the court may specify that the YRO will take effect either on the day that supervision begins in relation to the DTO or on the expiry of that order

● The young person is liable for re-sentence for the offences for which the order was made if convicted of another offence whilst the YRO is in force

● Sufficient time should be allowed for order to be completed(Sentencing Guidelines Council)

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In summary● The approach to the sentencing of a youth will be far more

individualistic

● Where a court is satisfied that a community penalty is appropriate and taking account of the assessment in the pre-sentence report (if ordered), the consideration process that the court should follow is:

what requirements are most suitable for the offender? what overall period is necessary to ensure that all requirements

may be satisfactorily completed? are the restrictions on liberty that result from those requirements

commensurate with the seriousness of the offence?

(Sentencing Guidelines Council)

Page 64: Scaled Approach and YRO – YOT briefing events

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Requesting Reports

Page 65: Scaled Approach and YRO – YOT briefing events

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Courts Approach to Sentencing

Assess offence seriousness

Consider offender mitigation

Principal aim (prevent offending) and welfare

Balance the purposes of sentencing

Sentencing Decision Reached

Magistrates will use above to determine if PSR / report requiredYOTs will need to take the magistrates decision in to account

Page 66: Scaled Approach and YRO – YOT briefing events

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Reports for Courts

● Reports should be based on a thorough assessment of risks and needs BUT this does not preclude the use of: existing reports addendums / updates to existing reports expedited reports (stand down written on the day of court OR

shorter than usual time frame) Specific sentence reports where sufficient information exists

● With sufficient forward planning by the YOT, adequate information should be made available to enable sentencing to take place on the day.

(Case Management Guidance)

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What are the changes to PSRs?● PSR standard format:

front sheet sources of information offence analysis, including impact of offence on the victim(s) assessment of the young person, leading to a proposed

intervention level assessment of the need for parenting support assessment of the risk to the community, including the

Likelihood of Reoffending and Risk of Serious Harm (Scaled Approach)

conclusion and proposal for sentencing.

(National Standards and Case Management Guidance)

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Assessment of risk to the community

This section of the PSR should include an assessment of:

● Likelihood of Reoffending Based on risk and protective factors from Asset

Specify the Likelihood of Reoffending including probable nature of further offending

● Risk of Serious Harm Based on Asset – Risk of Serious Harm and should specify level,

including who is at risk and what plans to minimise risk

● Scaled Approach Intervention Level The assessed likelihood of reoffending and ROSH (where

applicable) should lead to an indication of suitable level of intervention, to inform the final proposal.

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Use of existing reports

Use of an existing report:● Must be based on an Asset assessment completed within last

three months and where no significant change in circumstance or new information since the Asset was completed.

● addresses offences similar in nature to the existing PSR.

● must be quality assured by manager

● Use of an existing report with an addendum: above criteria are met limited additional information is required to assist the court must be quality assured by manager

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Existing Reports NOT to be used where

● the existing PSR is based on an Asset that is more than three months old

● there have been significant changes in circumstances/new information since the previous PSR was completed

● the existing PSR does not sufficiently address the issues required to assist the court in making a decision about sentencing

● the existing PSR was prepared for the youth court and the current sentencing exercise is being heard in the Crown Court

● the young person is at risk of a custodial sentence

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Key LearningGuidance● Case Management Guidance ● National Standards

Key Messages● Don’t always need a PSR● Recent reports no older than 3 months can be used● Always a PSR when custody likely● Other report options still available i.e. expedited, specific sentence● CJSSS allows for flexibility and is always what's in the best interests

of the young person● The PYO targets for PSR completion are no longer relevant.

Priority cases (e.g. DYO) 10 day and all other reports in 15 days (locally agreed)

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Assessment and the Scaled Approach

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Where does the Scaled Approach apply?

The Scaled Approach should be used by the YOT to determine the level of intervention (either Standard, Enhanced or Intensive) required when a child or young person is subject to one of the following court orders:

• Referral Order

• YRO

• Community element of a custodial sentence

Does not include pre-court interventions

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Assessment

● Assessment supports: the identification of risks and needs an understanding of patterns of offending behaviour the planning of effective interventions to prevent further offending

● Assessments within the Youth Justice System should focus on: Risk of Serious Harm to others Likelihood of Reoffending Risk of the young person being harmed, i.e. risk of vulnerability

● Assessments are also likely to highlight other needs that may not be linked to the child or young person’s offending behaviour

(Extract from Case Management Guidance)

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Static factors Scoring

Offence type Motoring offences/vehicle theft/unauthorised taking = 4Burglary (domestic and non-domestic) = 3Other offence = 0

Age at first Reprimand/Caution/Warning

10 to 12 = 4 13 to 17 = 2No previous Reprimand/Caution/Warning = 0

Age at first conviction 10 to 13 = 414 to 17 = 3No previous convictions = 0

Number of previous convictions

4 or more = 41 to 3 = 3No previous convictions = 0

Total static factors score (0-16)

Completing the Static factors

For current offence – Primary Index Offence

Record previous reprimands / cautions / warnings

If current conviction is the first conviction do not score

For convictions prior to this offending episode only

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Determining Likelihood of Reoffending – dynamic factors

Dynamic factors/Asset section Scoring Initial score

Living arrangements 0, 1, 2, 3, 4

Family and personal relationships 0, 1, 2, 3, 4

Education, training and employment 0, 1, 2, 3, 4

Neighbourhood 0, 1, 2, 3, 4

Lifestyle 0, 1, 2, 3, 4

Substance use 0, 1, 2, 3, 4

Physical health 0, 1, 2, 3, 4

Emotional and mental health 0, 1, 2, 3, 4

Perception of self and others 0, 1, 2, 3, 4

Thinking and behaviour 0, 1, 2, 3, 4

Attitudes to offending 0, 1, 2, 3, 4

Motivation to change 0, 1, 2, 3, 4

Total dynamic factors score (0-48)

TOTAL SCORE (0-64)

Overall assessed likelihood of reoffending

RatingStandard (score 0-14 inclusive)

Enhanced (score 15-32 inclusive)

Intensive (score 33-64 inclusive)

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Determining intervention level

Child/young person profile Intervention Level

Low likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 0 and 14 inclusive)ANDLow risk of serious harm (as indicated by no risk of serious harm assessment being required, or low risk of serious harm assessment)

Standard

Medium likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 15 and 32 inclusive)ORMedium risk of serious harm (as indicated by risk of serious harm assessment)

Enhanced

High likelihood of reoffending (as indicated by Asset score [dynamic and static factors] between 33 and 64 inclusive)OR High risk of serious harm or very high risk of serious harm (as indicated by risk of serious harm assessment)

Intensive

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Factors affecting Interventions● Professional Judgement

Changes to the initial intervention level should be defensible, discussed and agreed with a manager, and the reasons clearly recorded.

● Vulnerability and welfare considerations Should ensure vulnerability is assessed and identify what action

will be taken Should not affect the Scaled Approach intervention levels, but

should form part of the overall intervention plan, and vulnerability plan where one is needed.

● Once a final judgement has been reached this should be used to inform the proposal made to the court or report to the youth offender panel.

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Case Study - Determining the Intervention Level

1. Review change in Stefan’s circumstances

2. Review updated Asset sections

3. Populate the activity template / YOT workaround

4. Determine the intervention level

5. Inform your table facilitator of what you have determined.

10 mins

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Key LearningGuidance● Scaled Approach Model Document

● Case Management Guidance

● National Standards

● APIS KEEP

Key Messages● Quality is paramount

● Professional Judgement

● Effective recording

● Defensible decision making

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Determining Requirements

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Determining appropriate requirements

The content of the order proposed should be based on:

● Indication from the court (offence seriousness and proportionality)

● The assessment (including Asset / RoSH) of the risk factors that need to be addressed

● The assessed intervention level

● Professional judgement

● The local availability of requirements and programmes that are most likely to reduce the likelihood of reoffending

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YRO requirement

Corresponding YOT provision

Supervision

General non-specific counselling no yes yes no yes no no no yes yes yes yes no

Family support yes yes yes yes yes no yes no no yes no yes no

drug awareness no no no no yes yes yes no no yes no yes no

Reparation activity (Catholic / Anglican churches, Muslim Helpline, Generous Charity Shop, Polish community centre) no no no no no no no no no yes yes yes no

Work experience at Alpha School to Job Club no no no no no no no no no yes yes yes no

Style Doctors (female offenders) no no yes no yes no no no no yes yes yes no

Activity

Supervision

Standard

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Case Study - determining requirements and proposal to Court ● You have determined Stefan’s Scaled Approach intervention

level

● The next step is to determine the appropriate proposal to court

● You will need to Review Anytown YOTs Package of Intervention (POINT) Determine which requirements are appropriate Choose a lead person to present your proposal to court

● Your table facilitator will act as the magistrate and you must be prepared to take questions from the bench

45 mins

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Key LearningGuidance● National Standards● Case Management Guidance● APIS KEEP● Offending Behaviour Programme KEEP

Key Messages● What requirements are most suitable for the offender?● What overall period is necessary to ensure that all requirements

may be satisfactorily completed?● Are the restrictions on liberty that result from those requirements

commensurate with the seriousness of the offence?● YOT determines intervention level, courts determine overall

sentence

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Planning and Delivering Interventions● Managing Requirements

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Planning and delivering interventions

● Should be the focus of YOT work in relation to preventing offending and reoffending by children and young people

● A crucial element is a structured, effective and defensible approach to managing the risks presented by children and young people

● The case manager is essential in ensuring that there is an overview of work being undertaken

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Case manager and case management functions

● assessment

● targeting

● intervention planning

● management of risk

● co-ordinating services

● engagement and motivation

● enabling and enforcing compliance

● control and surveillance

● review and evaluation

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Intervention Planning

Intervention plans should take into account the

Child or young person’s maturity Learning style Motivation Speech and language considerations The resources available locally The assessed level intervention determined via the

Scaled Approach

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Level of intervention

Method of intervention planning

Standard● YOT case manager.

● Plan is unlikely to require significant provision of external or multi-agency resources

Enhanced● May be undertaken in a multi-agency meeting.

● Intervention plans should involve the relevant range of multi-agency professionals within the YOT, for example for specialist assessments or interventions.

● External agencies should be involved in this process as required.

Intensive● Should be undertaken in a multi-agency meeting with the input of external agencies

● Should be managed in line with the Deter Young Offender Framework.

● Should involve the relevant range of multi-agency professionals within the YOT, as well as significant external specialists

● The multi-agency approach should also facilitate specific information and intelligence-sharing arrangements aimed at deterring further offending.

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Managing RequirementsAlways remember:

● In line with the Offending Behaviour KEEP source document, that all programmes with young people should be scaled to meet individual risk and needs

● The YOT Case Manager should maintain sufficient contact with the child or young person in order to fully discharge their responsibilities as Case Manager (as outlined within YJB Case Management Guidance) and to ensure that the YRO requirements are delivered fully.

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Which YRO requirements can count towards scaled approach contacts?

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Managing Requirements

Will all YROs be managed under Scaled Approach CONTACT levels?

● Standalone: Curfew, Electronic Monitoring, Attendance Centre and Unpaid Work

● Supervision Requirement

● Supervision Requirement + other requirements?

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What is a contact?

• A contact is a face to face planned meeting between: • the child/ young person • the YOT case manager • another member of the YOT • a member of another agency or • a volunteer

• And are approved to work with the young person in respect of the supervision of his or her court order

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Scaled Approach Contacts

CAN BE INCLUDED:

●Activity Requirement

●Programme Requirement

●Attendance Centre Requirement

●Unpaid Work Requirement

●Mental Health Treatment Requirement

●Drug Treatment Requirement

●Drug Testing Requirement

●Intoxicating Substance Requirement

EXCLUDED FROM CONTACTS:

●Education Requirement

●Local Authority Residence Requirement.

●Electronic Monitoring Requirement

●Exclusion Requirement

●Curfew Requirement

●Prohibited Activity Requirement

●Residence Requirement

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Requirement Delivery

Supervision

Programme

Attendance Centre

Education Monthly Contacts

Programme (12 sessions)

Attendance Centre (36 hours)

Supervision (2 years) Contacts in line with National Standards

Education

YRO

Curfew

with EM

Curfew withEM

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Case Study – Managing Requirements

● Review the court order from Anytown Youth Court

● Consider all that you know about Stefan and discuss and determine how you would manage his order under your assessed level of intervention

● Include how you might address welfare issues

● Record your decisions on the Activity template

20 mins

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Key learningGuidance● Case Management Guidance● National Standards● KEEPs – thematic

Key Messages● Welfare issues

Are an important consideration at the point of sentence Should be consider and addressed throughout intervention Welfare issues NOT linked strongly linked to offending should

still be dealt with but outside of statutory contacts and with involvement from partner agencies

● Scaled Approach – more than just contacts● Takes account of young person’s individual circumstances

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Quality Assurance

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The renewed focus on quality assurance

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What happens now…

Number of contacts

Nature of intervention

SentenceRepresents offence

seriousness and proportionality

Asset and ROSH

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What changes with the Scaled Approach…

Number of contacts

Nature of intervention

SentenceRepresents offence

seriousness and proportionality

Asset and ROSH

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What does this mean?

YOT assessments will have a much greater impact upon the level and nature of

intervention than previously

Consequent responsibility to ensure the quality of assessments, reports and plans

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Quality Assurance principles

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This section covers:

● Defining quality in youth justice

● The three components of quality assurance

● Responsibilities for quality assurance

● When quality assurance should be used

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What is quality in youth justice?

Adhering to MINIMUM STANDARDS

National standardsHMIP standards

YJB data guidance(the ‘must’)

Selecting approaches on the basis of the BEST

AVAILABLE EVIDENCE

KEEPs and KEEP source documents

(the ‘what’)

Understanding HOW interventions should be

carried out and applying it

Case management guidance

(the ‘how’)

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What is quality assurance?

Testing products and outputs (for example reports and assessments)

Measuring effectiveness of products and outputs

Analysing themes and driving continual improvement

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Testing products and outputsThis process seeks to measure the document itself:

Ensure completeness

● Basic personal data e.g. ethnicity / age

● All relevant fields completed

Ensure timeliness(or process)

● Asset completed before reports

● ROSH completed where required

● National standards adhered to

● Management countersignatures where necessary

● Case transfer and closure process

Ensure accuracy (or quality)

● Young person self-defines ethnicity

● Range of sources consulted

● Quality of assessments, reports and plans

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Measuring effectiveness of products and outputs

This measures the effectiveness of the document:Asset and ROSH ● Disproportionality rates

● Feedback from young people and stakeholders

● Feedback from YOT risk management forums

Reports ● Congruence rates (including disproportionality)

● Sentencer confidence

● Feedback from young people

● Feedback from other stakeholders

● Do reports

Plans ● Interventions are evidence based (as per relevant KEEP

● Achievement of planned interventions

● Feedback from young people and stakeholders

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Analysing themes and driving continual improvementCollation, analysis and application of learning of the data gathered

into :

Individual and service training needs analysis

● Asset, reports and planning quality information

● Collated lessons from staff supervision

● results from use of KEEP self assessment tool

● Feedback from young people and stakeholders

Performance reporting

● Asset, reports and planning quality information

● Feedback from young people and stakeholders

Stakeholder engagement

● Feedback from young people and stakeholders

Service improvement plans

● Asset, reports and planning quality information

● Collated lessons from staff supervision

●Feedback from young people and stakeholders

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Data and the Scaled Approach and YRO

Key data which tell you about the effectiveness of the Scaled Approach:

Asset and ROSH ● Completeness

● Quality

● Management oversight

Reports ● Quality

● Congruence between sentence proposals and outcomes

Plans ● Quality

● Implementation

● Review

Disproportionality ● Any discriminatory effects (e.g. more girls in the intensive banding)

Feedback ● From young people, parents and carers

● From other key stakeholders

Service review ● PIF returns

● KEEP self-assessment tool completion

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Individual QA• Completeness and quality

Gatekeeping•Completeness

and quality

Dip-sampling• Completeness and quality• Themes and issues

Collation and analysis• service and individual improvement (PIF / KEEP self-assessment)

Who’s job is quality assurance?

Practitioners and admin

Peers and Senior practitioners

Operational managers

Service andperformance managers

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When should quality assurance be used?

As often as is necessary!Based on:• How important the product / practice is• Who the audience is• What quality is currently like• The resources required to measure quality

At 14.45 this afternoon, there will be demonstrations of the QA tool

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Key learningGuidance● Case Management Guidance● National Standards● KEEPs – thematic ● Youth Justice Planning Framework Guidance 2008

Key Messages● The Scaled Approach and YRO will require YOTs to review their

processes and materials● The success of the Scaled Approach relies heavily upon quality

assessments, reports and plans● The YJB has provided assistance to YOTs in the form of:

KEEP self-assessment toolkit Quality assurance materials

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Transitioning from old to new orders

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Offence Sentenced

Old Orders

2004 NS

Offence Sentenced

Old Orders

New NS (apply Scaled

Approach)

Offence Sentenced

YRO

New NS (apply Scaled

Approach)

1

2

3

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Activity – transitional arrangements

● Review the statements on Activity Sheet

● Answer the questions, stating fully your reason why you believe the answer to be correct

● Your table facilitator will support your understanding should you be unable to answer the questions

● Your facilitator will let you know if your answers are correct

20 mins

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Custody threshold and persistence

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Custody threshold

● Custodial sentences: only if offence punishable by imprisonment the court forms the opinion that the offence/s are so serious that

a community sentence cannot be justified court states YRO with Intensive Supervision and

Surveillance (ISS) or Intensive Fostering not appropriate and reasons why (schedule 4 – paragraph 80 (3))

only imposed if custody is a last resort

● Taking into account the young persons circumstances, age, maturity

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Custody threshold (2)

● Certain sentences are only available where the young person is deemed as a ‘persistent offender’:

A YRO with Intensive Supervision Surveillance or Intensive Fostering for a young person aged 10 - 14 years

DTO for a young person aged 12 and 14 years (This criterion does not have to be met before the Crown Court imposes

long term detention or detention for life)

● Similarly, additional powers may be available to a court where a youth rehabilitation order has been breached “wilfully and persistently”

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SGC guidance on Persistence (1)

● Not defined in legislation but has been considered by Court of Appeal and SGC has taken this into account

● Court considers if the young person is one who persists in offending

● At its simplest the young person will have had some contact with authority in which their offending conduct was challenged. This can include pre-court disposals but not Penalty Notice for Disorder as they do not require any admission of guilt

(Sentencing Guidelines Council)

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Guidance on Persistence (2)

● If custody is being considered (as a last resort) then it is likely that the offender will have admitted or been found guilty of an imprisonable offence on at least 3 separate occasions in the last 12 months (whether pre court disposal or a sentence of the court).

● YJB is disputing the inclusion of pre court disposals

● Court not obliged to impose a custodial sentence or ISS / IF

● NB the guidelines state ‘likely’, therefore there is still some scope to classify as persistent with less than that in rare circumstances.

(Sentencing Guidelines Council)

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Wilful and Persistent - guidance

● Offender is likely to be found to have “persistently” breached a YRO where there have been 3 breaches (at court) demonstrating a lack of willingness to comply with the order

● The court must find the breaches to have been ‘wilful’ if it is to gain access to the extra powers

● For a non-imprisonable offence, custody is an option only if: following ‘wilful and persistent’ non-compliance of a YRO And ‘wilful and persistent’ non-compliance with a YRO with

Intensive Supervision and Surveillance or Intensive Fostering Limits on length of time in custody – four months for the above

situation

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YRO - Intensive Supervision and Surveillance (ISS)

● Determining ISS Levels

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Alternatives to custody

● The YRO brings into its remit two alternatives to custody: YRO with Intensive Supervision and Surveillance (ISS) YRO with Intensive Fostering (pilot areas only)

● The conditions to be met for: The offence must be imprisonable Crosses the custody threshold If young person under 15 years at time of conviction must be

deemed persistent

● If not deemed persistent but the offence is still deemed serious then a YRO with proportionate requirements should be imposed

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Intensive Supervision and Surveillance● ISS mandatory requirements:

An extended activity requirement (more than 90 days but no more than 180 days)

Supervision Requirement A Curfew Requirement with electronic monitoring (standalone the exception)

● Three levels of ISS now available: Extended (12 month) ISS Band 1 Intensity ISS (91 day activity) Band 2 Intensity ISS (91 day activity)

How do you determine which level?

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Assessment for ISS proposals

ASSET/ROSH

Undertaken/ reviewed

PSR to court

START

Assessed level of

intervention required

ISS threshold

met (1)

Band 2 ISS with 91 days activity:

Month 1: 20 hours p/wMonth 2: 20 hours p/wMonth 3: 10 hours p/w

Months 4-6: 5 hours p/w

Band 1 ISS with 91 days activity:

Month 1: 25 hours p/wMonth 2: 25 hours p/wMonth 3: 25 hours p/w

Months 4-6: 5 hours p/w

Extended (12 month) ISS with 180 days activity:

Months 1-4: 25 hours p/wMonths 5-6: 15 hours p/wMonths 7-12: 5 hours p/w

If the young person meets the custody threshold but does not have an Asset score of 24 and above and/or a high or very high ROSH, the YOT should consider proposing a high level YRO intervention package as

determined by local resources

YES

YES

NO

ISS threshold

NO

(1) Young person has passed the custody threshold (and if under 15 they are deemed to be persistent) or where court determines young person has wilfully and persistently failed to comply with their YRO for a non-imprisonable offence (see SGC guidance for further information re. persistence and wilful and persistent non-compliance)

Asset score

33-64 and/or very high

ROSH

Apply professional judgement

Is an extended ISS the only

option to prevent a custodial

sentence?

Asset score

24 – 32 and/or high ROSH

Apply professional judgement

Is a Band 1 ISS the only

option to prevent a custodial

sentence?

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Case Study – YRO ISS

● Consider the changes in Stefan’s circumstances

● Determine which level of ISS might be suitable

20 mins

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Key Learning

Guidance● National Standards● Case Management Guidance● ISS Operational Guidance● Criminal Justice and Immigration Act practice guidance● KEEP – APIS and Engaging Young People who Offend

Key Messages● ISSP is still available for young people on community element of

custodial sentence and bail● Further information in the ISS Operational Guidance

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Enabling and enforcing compliance

● What does successful completion look like?

● Enabling compliance

● YRO and breach

● Revocation and amendment

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All is not as it seems…

● What is the purpose of ‘Enabling and Enforcing’?

● To achieve compliance? Not necessarily…you can comply and not engage.

● To achieve engagement? Partially…you can engage and yet not fully comply.

● It is about enabling the child or young person to successfully complete their order/requirements

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What constitutes successful compliance?

Is it:

● Attendance at contacts as required by Order/ Requirements?

● Engaging with the interventions provided (how appropriate are they?)

● Behaving in line with agreed standards?

● All of the above?

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What constitutes unsuccessful compliance?

● How do we define ‘unacceptable’?

● Is there a fixed definition of ‘unacceptable’? Can/should we apply a one size fits all approach? How is this developed locally?

● Do we expect the same level of compliance from a yp undertaking 12 contacts per month vs. 2 contacts per month? How do we make these judgements?

● Unacceptable behaviour

● Not engaging with the intervention? There in body but not in mind? Links to Engaging Young People Who Offend KEEP/Offending Behaviour KEEP.

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How do we enable compliance?

Engaging Young People KEEP● Appropriate assessments leading to appropriate interventions

takes into account age and stage, maturity, speech and language, offending career (group vs. 1-1), gender, ethnicity etc

● Sequencing of interventions – links to Maslow. Basics first then building to more cognitive interventions.

● Use of review to ensure on track

● Assessment is not a static process…use it to inform interventions

● Coordination of services (e.g. between Children’s Services/ Education & YOT)

● Information sharing and regular updates.

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Specific groupsWhat about MAPPA young people?

● Considerations of public protection/risk of serious harm to others.

● Fast Track breach?

What about DYO?

● Impact of intelligence sharing on likelihood of breach?

● Enforcement in a DYO environment and managing different expectations?

What about vulnerable young people?

● Risks of losing contact/mispers etc

● Ongoing engagement

● Safeguarding issues

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The YRO and breach (1)The legislation – CJ&I Act 2008● A young person is in breach of their YRO if they have failed without

reasonable excuse to comply with any requirement in their order on three separate occasions within a 12 month ‘warned period’, which begins on the date of the first warning.

● There is a presumption in favour of referring the matter back to court after a third failure to comply and a discretionary power to do so after the second failure to comply

● Key points: Determining reasonable excuse Breach of any requirement is a breach of the order 12 month warned period (begins on date of first warning)

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● If no reasonable excuse for non-compliance must issue first warning in writing (start of warned period) describing: The circumstances of the failure to comply A statement that the failure is not acceptable A warning that a further failure to comply may lead to the

order being referred back to the court.

● Can refer case back to court at any time where a significant issue has taken place

● YOT Manager can stay court action if appropriate

The YRO and breach (2)

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Courts role in enforcement (1)

● Court is not obliged to make any order but may allow the YRO to continue

● No obligation on the court to make an order more onerous (SGC)

● Options available to court: No action: impose a fine amend the terms of the order; or revoke the order and re-sentence the offender

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Options available to court:● No action: YRO continues -can be used to ‘mark the breach’

● impose a fine (in which case the order continues in its original form);

● Amending terms - may impose any requirement available when making the order either in addition to, or in substitution for, any requirements If YRO did not contain an unpaid work the minimum period

is 20 hours

● Revoke and Re-sentence - May not amend the terms of a YRO that did not include ISS or IF by inserting them at this stage; the offender must be re-sentenced and the original YRO revoked.

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Breach Reports● Are you a half glass full or half glass empty when it come to breach?

● National Standards state that YOTs should ensure that they have in place mechanisms to enable young people to comply

● Consider a balanced approach where possible: Detail what the young person has complied well with Outline what they have not complied with and based on your

assessment with the young person why this is Propose how you and the young person will work to ensure

successful completion of the order Make it outcome focussed

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Activity - Breach

● You will find a timeline and questions in your packs

● Consider the questions and discuss the answers in your groups

● Your table facilitator will be at hand to advise

20 mins

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Revoking and AmendingRevocation of a YRO● YRO’s can be revoked on the grounds of good progress/responding

well to treatment – on the application of responsible officer (if unsuccessful then no further application for three months).

Amendment of a YRO● YRO’s can be amended on the application of the responsible officer.● Why?

If the yp moves area then the responsible officer can apply to have the court area changed.

Remove an existing requirement if it is no longer required/appropriate.

Replace a requirement with another requirement that was available at sentencing.

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Case study – revocation and amendment● Consider the update provided on Stefan and have a group

discussion on next steps

15 mins

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Key Learning

Guidance● National Standards

● Case Management Guidance

● KEEP - Engaging Young People who Offend and APIS

Key Messages● Introduction of the warned period

● Key consideration for YOT manager to stay breach

● Examine your local success around enforcement and compliance? How can we improve our services?

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Pre Implementation FeedbackandConsolidation Approach

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Pre-Implementation feedback

147 responses at time slide compiled (93.6%)

Key initial messages

Operating a formal risk-based approach

37% YOTs said NO

Have you the necessary information to implement the Scaled Approach

25% YOTs said NO

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Implementation – the challenge Do you believe staff understand the implications and

cultural changes required to implement the Scaled Approach?

Practitioners NO 38%

Administrative staff NO 66%

Community Panel Members NO 51%

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Engagement

Is the Management Board aware? YES 81%

Does the court understand the Scaled Approach?YES 65%

How long will it take to embed practice? 8 months (the average)

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Your support needs

Mainly good news● Over 80% respondents said they have been provided with

enough support across all areas

● However, 10% considered that they did not have enough information or that centrally produced information (toolkits, slide decks etc) were inadequate.

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Post Implementation approach

From implementation to consolidation

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Scaled Approach roles and responsibilities

Central Implementation teamREVISED ROLE

Wales & Regional YRO & Scaled Approach LeadsREVISED ROLE

YOT YRO & Scaled Approach LeadsREVISED ROLE

YOT Management Boards,YOT Officers

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The role of the Central Implementation Team

● Continuation of existing support arrangements (unless you tell us something isn’t working!)

● Design and development of consolidation tools for YOT partnerships and Wales / regional teams

● Advice and assistance to Wales and regional leads● Pro-active and reactive support to YOT partnerships in

conjunction with Wales / regional leads● Information and query management

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Consolidation approach

Reactive Support

Request for assistance from YOTs

Upfront planning, based on judgement, impact, knowledge of business, number of cases

Pro-active Support

STANDARD SUPPORT157 YOTs

Tools, materials, advice

43 YOTs approached17 YOTs accepted

Responding to support requests, answering inbox

queries, support to regions

Support delivered during implementation

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Consolidation● YOT consolidation schedule

Revised Scaled Approach lead role Consolidation group terms of reference Indicators of embedded practice Quality assurance and service development Benefits measurement and management reporting Partnership working and ongoing work with Courts

● Tool sets

STANDARD

And regional support as normal!