Transcript Scaled Approach and YRO: YOT Briefing Events (presentation)

Scaled Approach and YRO –
YOT briefing events
26 August – 8 October 2009
1
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
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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
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AGENDA: DAY 2
Welcome 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
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Approach to the slides
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Approach to the event:
Table activities
Case Studies
and Activities
Referral
Orders
Feedback at tables (small groups)
Youth
Rehabilitation
Order
Facilitator at each table to
support and provide
guidance
YRO
Requirements
Scaled
Approach
Intensive
Supervision &
Surveillance
Enforcement
&
Compliance
Packages of
Intervention
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$
Courts orders
report
YOT
undertakes
assessment
YOT
determines
intervention
level
YP appears
in Court
YOT
determines
appropriate
requirements
$
Sentence ends
Order
completed
Court determines
appropriate
sentence
YOT reviews
compliance
YOT
implements
order
Young Person
not compliant
Enforcement
proceedings
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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
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Update on guidance
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Update on guidance:
National Standards for Youth Justice
● 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
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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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Update on guidance:
Case Management Guidance
● 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
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Update on guidance:
Criminal Justice and Immigration Act
Practice Guidance
● 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
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Update on guidance:
Key Elements of Effective Practice
and Source Documents
● 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
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Criminal Justice and Immigration
Act (CJ&I) 2008
● Purposes of Sentencing
● Community Related Changes
● Custody Related Changes
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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
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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)
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Welfare Considerations
Mental Health
Courts
and
YOTs
Speech & language
difficulties
Learning difficulties
/ disabilities
Vulnerability
Feelings of
discrimination
Experiences of
loss or abuse
Adolescence
Culpability
when addressing
seriousness
Ability / willingness
to engage in court
Purpose / type /
length of sentence
and requirements
Ability to
understand and
comply with sentence
(Sentencing Guidelines Council and Judicial Studies Board)
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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
Magistrates will use above to determine if PSR / report required
YOTs will need to take the magistrates decision in to account
Sentencing Decision Reached
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Other legislative provisions
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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
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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
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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
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Referral Orders
● CJI Act changes
● Custody Threshold cases
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Referral Order changes in the
CJ&I Act
From 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. noncompliance
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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.
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Issues since implementation 2
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.
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Referral Order
Custody 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)
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Proposals to Court
Consider
presentence
panel
PSR
Request
Undertake
assessment
Populate
Asset /
ROSH
Considering
Intensive
Referral
Order?
Supervise
Under
Scaled
Approach?
Panel / YOT
determines
possible
elements
of
contract
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Prepare PSR
Consider a
pre-sentence
panel
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
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Case Study - Referral Order
30 mins
1. 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
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Key Learning
Guidance
● 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
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Youth Rehabilitation Order (YRO)
● The Youth Rehabilitation Order (YRO) –
overview
● Requirements
● Application of the Scaled Approach
● Transitional Arrangements
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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
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Activity – YRO Overview
10 mins
● 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
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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
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YRO Requirements
1.Supervision Requirement
2.Programme Requirement
11.Mental Health Treatment
Requirement
3.Activity Requirement
12.Intoxicating Substance Treatment
Requirement
4.Attendance Centre Requirement
13.Exclusion Requirement
5.Curfew Requirement
14.Prohibited Activity Requirement
6.Education Requirement
15.Electronic Monitoring Requirement
7.Residence Requirement (16/17 year
16.Unpaid Work Requirement (16/17
year olds only)
olds only)
8.Local Authority Residence
Requirement
Alternatives to Custody
9.Drug Treatment Requirement
17.Intensive Fostering
10.Drug Testing Requirement
18.Intensive Supervision and
Surveillance
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Activity
What is it?
 Requires young person to engage in activities specified in their order
How 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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Supervision
What 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
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Unpaid Work
What 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
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Programme
What 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
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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 order
How 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 model
Who 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
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Prohibited Activity
What 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.
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Curfew
What 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
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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 EM
When 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
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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.
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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 order
How 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 behaviour
Who 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 authority
How 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 behaviour
Who 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 comply
When 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
51
providers
Drug testing
What is it?
 Requires a young person to provide samples as instructed by their
responsible officer
How 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 free
Who manages this requirement?
 The YOT is responsible for monitoring and enforcement
 Reliant on information of compliance and engagement from external
service providers
52
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 comply
When 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
53
 Reliant on information of compliance and engagement from external service
providers
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 needs
When 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
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providers
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 Learning
Guidance
● 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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Assessments for reports
Court
requests
PSR
Court
indicates
likely
sentence
YOT
undertakes
assessment
Gather
Info from
range of
sources
Populate
Asset
(and ROSH
if applicable)
Determine
Scaled Approach
Intervention
level
Apply
professional
judgement if
applicable and
seek managerial
signoff
Determine
possible YRO
requirements
Prepare PSR
based on all
available info
58
Courts’ Role in Sentencing
59
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)
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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)
62
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)
63
Requesting Reports
64
Courts Approach to Sentencing
Assess offence seriousness
Consider offender mitigation
Principal aim (prevent offending) and welfare
Balance the purposes of sentencing
Magistrates will use above to determine if PSR / report required
YOTs will need to take the magistrates decision in to account
Sentencing Decision Reached
65
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)
66
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)
67
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.
68
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
69
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
70
Key Learning
Guidance
● 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)
71
Assessment and the Scaled
Approach
72
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
73
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)
74
Completing the Static factors
Static factors
Scoring
Offence type
Motoring offences/vehicle theft/unauthorised taking = 4
Burglary
(domestic
and non-domestic)
=3
For current
offence
– Primary Index
Offence
Other offence = 0
Age at first
Reprimand/Caution/
Warning
10 to 12 = 4
13
to 17 = previous
2
Record
reprimands / cautions
No previous Reprimand/Caution/Warning = 0
Age at first
conviction
10 to 13 = 4
If current
14
to 17 = 3 conviction is
No
convictions = 0
doprevious
not score
Number of previous
convictions
4 or more = 4
1
to 3convictions
=3
For
prior to
No previous convictions = 0
/ warnings
the first conviction
this offending episode only
Total static factors score (0-16)
75
Determining Likelihood of
Reoffending – dynamic factors
Dynamic factors/Asset section
Scoring
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
Initial
score
Overall assessed
likelihood of reoffending
Rating
Standard (score 0-14 inclusive)
Enhanced (score 15-32 inclusive)
Intensive (score 33-64 inclusive)
Total dynamic factors score (0-48)
TOTAL SCORE (0-64)
76
Determining intervention level
Child/young person profile
Low likelihood of reoffending (as indicated by Asset score
[dynamic and static factors] between 0 and 14 inclusive)
AND
Low risk of serious harm (as indicated by no risk of serious harm
assessment being required, or low risk of serious harm assessment)
Medium likelihood of reoffending (as indicated by Asset score
[dynamic and static factors] between 15 and 32 inclusive)
OR
Medium risk of serious harm (as indicated by risk of serious harm
assessment)
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)
Intervention
Level
Standard
Enhanced
Intensive
77
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.
78
Case Study - Determining the
Intervention Level
10 mins
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.
79
Key Learning
Guidance
● Scaled Approach Model Document
● Case Management Guidance
● National Standards
● APIS KEEP
Key Messages
● Quality is paramount
● Professional Judgement
● Effective recording
● Defensible decision making
80
Determining Requirements
81
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
82
YRO
requirement
Supervision
Activity
Corresponding
YOT provision
Liv
ing
a
Fa
mi rran
ge
l
ET y an
me
dp
E
n
ers ts
Ne
on
igh
al
rel
Lif bou
ati
es
rh
on
oo
t
sh
Su yle
d
ips
bs
t
Ph anc
eM
ys
i
Me cal H isus
e
nta
e
l H alth
Pe
rce ealt
Th ptio h
n
ink
ing of S
At
el
titu
an
db f
d
e
Mo
eh
tiv to o
a
f
ati
fen viou
o
r
Ri
d
nt
sk
o c ing
of
ha
Se
ng
rio
e
us
Ha
rm
Standard
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
83
45 mins
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
84
Key Learning
Guidance
● 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
85
Planning and Delivering
Interventions
● Managing Requirements
86
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
87
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
88
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
89
Level of
Method of intervention planning
intervention
● YOT case manager.
Standard
● Plan is unlikely to require significant provision of external or multi-agency
resources
● May be undertaken in a multi-agency meeting.
Enhanced
● 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.
● Should be undertaken in a multi-agency meeting with the input of external
Intensive
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.
90
Managing Requirements
Always 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.
91
Which YRO requirements can
count towards scaled
approach contacts?
92
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?
93
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
94
Scaled Approach Contacts
CAN BE INCLUDED:
EXCLUDED FROM CONTACTS:
●Activity Requirement
●Education Requirement
●Programme Requirement
●Attendance Centre Requirement
●Local Authority Residence
Requirement.
●Unpaid Work Requirement
●Electronic Monitoring Requirement
●Mental Health Treatment
Requirement
●Exclusion Requirement
●Drug Treatment Requirement
●Prohibited Activity Requirement
●Drug Testing Requirement
●Residence Requirement
●Curfew Requirement
●Intoxicating Substance Requirement
95
Requirement Delivery
YRO
Programme
(12 sessions)
Supervision
Education
Curfew with
EM
Supervision (2 years)
Contacts in line with National Standards
Monthly Contacts
96
Curfew with EM
Attendance
Centre
Education
Programme
Attendance
Centre (36 hours)
Case Study – Managing
Requirements
20 mins
● 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
97
Key learning
Guidance
● 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
98
Quality Assurance
99
The renewed focus on quality
assurance
100
What happens now…
Sentence
Represents offence
seriousness and
proportionality
Number
of contacts
Asset
and ROSH
Nature of
intervention
101
What changes with the Scaled
Approach…
Sentence
Represents offence
seriousness and
proportionality
Number
of contacts
Asset
and ROSH
Nature of
intervention
102
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
103
Quality Assurance principles
104
This section covers:
●
Defining quality in youth justice
●
The three components of quality assurance
●
Responsibilities for quality assurance
●
When quality assurance should be used
105
What is quality in youth justice?
Adhering to
MINIMUM STANDARDS
National standards
HMIP 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’)
= Quality practice
106
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
107
Testing products and outputs
This process seeks to measure the document itself:
Ensure
completeness
● Basic personal data
 e.g. ethnicity / age
● All relevant fields completed
Ensure timeliness ● Asset completed before reports
(or process)
● 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
108
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
109
● Feedback from young people and stakeholders
Analysing themes and driving
continual improvement
Collation, 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
Stakeholder
engagement
● Feedback from young people and stakeholders
Service
improvement
plans
● Asset, reports and planning quality information
● Feedback from young people and stakeholders
● Collated lessons from staff supervision
110
●Feedback from young people and stakeholders
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
111
Who’s job is quality assurance?
Gatekeeping
•Completeness
Peers and
and quality
Senior practitioners
Individual QA
• Completeness and
quality
Practitioners and admin
Operational
managers
Service and
performance
managers
Dip-sampling
• Completeness and
quality
• Themes and issues
Collation and analysis
• service and individual improvement
112
(PIF / KEEP self-assessment)
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
113
Key learning
Guidance
● 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
114
Transitioning from old to new
orders
115
Old
Orders
2004 NS
Offence
Old Orders
Sentenced
New NS
(apply
Scaled
Approach)
1
Offence
Sentenced
2
YRO
Offence Sentenced
New NS
(apply
Scaled
Approach)
3
30 November 09
116
Activity –
transitional arrangements
20 mins
● 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
117
Custody threshold and
persistence
118
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
119
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”
120
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)
121
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)
122
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
123
YRO - Intensive Supervision and
Surveillance (ISS)
● Determining ISS Levels
124
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
125
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?
126
Assessment for ISS proposals
YES
Asset
score
33-64 and/or
very high
ROSH
ASSET/
ROSH
Undertaken
/ reviewed
PSR to
court
ISS
threshold
met (1)
START
Apply
professional
judgement
Is an extended
ISS the only
option to
prevent a
custodial
sentence?
Assessed
level of
intervention
required
NO
YES
Asset
score
24 – 32 and
/or high
ROSH
Apply
professional
judgement
Is a Band 1
ISS the only
option to
prevent a
custodial
sentence?
NO
Extended (12 month) ISS
with 180 days activity:
Months 1-4: 25 hours p/w
Months 5-6: 15 hours p/w
Months 7-12: 5 hours p/w
Band 1 ISS
with 91 days activity:
Month 1: 25 hours p/w
Month 2: 25 hours p/w
Month 3: 25 hours p/w
Months 4-6: 5 hours p/w
Band 2 ISS
with 91 days activity:
Month 1: 20 hours p/w
Month 2: 20 hours p/w
Month 3: 10 hours p/w
Months 4-6: 5 hours p/w
ISS threshold
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
(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)
127
Case Study – YRO ISS
20 mins
● Consider the changes in Stefan’s circumstances
● Determine which level of ISS might be suitable
128
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
129
Enabling and enforcing
compliance
● What does successful completion
look like?
● Enabling compliance
● YRO and breach
● Revocation and amendment
130
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
131
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?
132
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.
133
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.
134
Specific groups
What 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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The YRO and breach (2)
● 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
137
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
140
Activity - Breach
20 mins
● 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
141
Revoking and Amending
Revocation 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
15 mins
● Consider the update provided on Stefan and have a group
discussion on next steps
143
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?
144
Pre Implementation Feedback
and
Consolidation Approach
145
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
146
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%
147
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)
148
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.
149
Post Implementation approach
From implementation to consolidation
150
Scaled Approach roles and
responsibilities
Wales & Regional
YRO & Scaled
Approach Leads
REVISED ROLE
YOT YRO & Scaled
Approach Leads
REVISED ROLE
Central
Implementation team
REVISED ROLE
YOT Management
Boards,
YOT Officers
151
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
152
Consolidation approach
Upfront planning, based
on judgement, impact,
knowledge of business,
number of cases
Support delivered
during implementation
Pro-active Support
43 YOTs approached
17 YOTs accepted
STANDARD SUPPORT
157 YOTs
Tools, materials,
advice
Reactive Support
Request for
assistance
from YOTs
Responding to
support requests,
answering inbox
queries, support to
regions
153
STANDARD
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
And regional support as normal!
154