Children arrested and detained

Charles Bell made this Rhyddid Gwybodaeth request to South Tyneside Metropolitan Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai South Tyneside Metropolitan Borough Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear South Tyneside Metropolitan Borough Council,
1. Youth Justice Board Guidance envisages local protocols between
Youth Offending Teams and local police. Do you currently have a
protocol concerning the provision of appropriate adults and the
transfer of juveniles detained after charge? If so, I would be very
grateful if you could provide a copy. Please provide any other
service agreement,
policy or practice guidance concerning the delivery of these
specific services for
children in conflict with the law noting that such arrangements
would usually cover the LA and the police, and, possibly
voluntary/private sector organisations delivering services on
behalf of the LA.

2. Section 21 Children Act requires LAs to provide accommodation
for persons they are requested to receive under section 38(6)
Police and Criminal Evidence Act. For the last 12 month period for
which information is available:

A. How many such requests have been received by the local
authority?
Where requests have been received, how many juveniles have been
transferred to LA accommodation?

B. In the case of those where requests have been made and noting
that such transfers may not occur where it is impracticable to do
so how many and for what reasons have such children remained in
police detention?

In responding to this question it may be useful to be aware that
Youth Justice Board Guidance, case law etc provide that:

• PACE transfers should take place unless they are impractical. If
the transfer does not occur, the custody officer should make out a
certificate to be produced at court with the young person (PACE
Codes of Practice, Section C, 16.7 & 16.10) indicating why it is
impractical to transfer to local authority accommodation.
Situations where it is impractical to undertake a PACE transfer are
limited to those where it is physically impossible to make the
transfer, e.g. extreme weather conditions such as floods or
blizzards or it being impossible to contact the local authority
despite repeated efforts. The transfer cannot be deemed impractical
because:
• the local authority has difficulty finding a placement
• the local authority does not want to accept the transfer
• of the young person's behaviour
• of the nature/type of offence.

In some cases a custody officer may request secure accommodation.
When requests have been received under section 21 on how many
occasions have they specifically requested such accommodation?

3.A. Distinguishing between those charged and detained children
(preferably broken down according to age) transferred to LA
accommodation and those who remained in police custody overnight
please advise of remand outcomes when appearing in court the
following day. Outcomes mean granted bail unconditionally, granted
conditional bail, remanded to LA accommodation, remanded to LA
accommodation with conditions, remanded to LA secure accommodation,
remanded to custody.

4. How has the Local Authority planning and commissioning process
determine the need for accommodation taken into account the duty
under section 21(2)(b) Children Act?

5.
For the last 12 month period for which information is available:

A. How many requests have been received by the Local Authority or
any organisation meeting its duties on its behalf for an
appropriate adult?
B. How many requests have been met by:

i. A social worker from the Youth Offending Team;

ii. A member of the Youth Offending Team who is not a social worker
preferably broken down by occupation;
iii. A social worker who is not a member of the Youth Offending
Team;
iv. In the case of a child looked after by the LA “a representative
of
the Local Authority”
v. . Some other responsible person who may not be a member of a
Youth
Offending Team but may be a member of a volunteer or other scheme
managed by the Team.
vi. Some other responsible person delivering services on behalf of
a
private or voluntary organization on behalf of the LA Youth
Offending Team?

C. If this latter arrangement is the case what quality assurance
arrangements are in place and, in particular, what processes ensure
feedback from children who have been arrested and thereafter
charged and detained?

D. Where the above is the method of service delivery:

i. What arrangements/procedures are in place for the appropriate
adult to receive information about the arrested child from the YOT
in advance of attending the police station?
ii. Where the appropriate adult becomes aware that the custody
officer may have concerns about releasing the child on
unconditional bail and may possibly authorise detention after
charge what procedures are in place requiring the appropriate adult
to notify the YOT and what action will the YOT or other LA service
take after receipt of such notification?
iii. What is the cut-off point for the role of the appropriate
adult and what arrangements are in place to effect a transfer to
local accommodation when this is requested by a custody officer?

6. The provisions of the Police and Criminal Evidence Act as
opposed to certain Guidance etc are quite clear that “some other
person” should be called upon to act as
appropriate adult “failing either of the above”...namely a failure
to secure the attendance of a parent or a social worker.

i. For the period in question please provide the reasons why “some
other person” has had to be appropriate adult due to the failure to
secure the attendance of a social worker.
ii. How many HCPC-registered social workers are in your YOT?
iii.How many persons in your YOT are de facto unqualified in the
sense that they are not registered with a professional body
concerned with protection of title an ethical standards?
iv.How many other professionals in your YOT are registered with
organisations similar to HCPC and which address protection of
title,ethics, standards of conduct etc?

Yours faithfully,

Charles Bell

foi, South Tyneside Metropolitan Borough Council

Dear Mr Bell,

Your FOI Request was received by South Tyneside Council on 7th May 2013.

I write to confirm that a decision about your request will be made within 20 working days from the date we received your request.  Should there be any delays or discrepancies with your request then this will be communicated to you in due course.

If you have any further queries regarding this matter then please do not hesitate to contact the FOI team on [South Tyneside Council request email] or 0191 424 6538 and quote the reference number FOI 13 12527.

Regards

Fay Devlin
Information Governance
South Tyneside Council

dangos adrannau a ddyfynnir

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Bell,

I am emailing to communicate a delay in responding to your Freedom of
Information Request. 

We are currently collating the information and I have been informed by the
relevant services that this will not be ready within the deadline of 20
working days.  I apologise for this delay and we will endeavour to provide
a response as soon as possible.

I thank you in advance for your patience.

Kind regards

Fay Devlin

Information Governance Team

South Tyneside Council

dangos adrannau a ddyfynnir

Dear foi,

Please thank the collator for going to the trouble. Appreciated.

Yours sincerely,

Charles Bell

Dear foi,

You were in the process of actioning this. What progress?

Yours sincerely,

Charles Bell

foi, South Tyneside Metropolitan Borough Council

This email has been classified as: NOT PROTECTIVELY MARKED

Morning Mr Bell

 

Please accept my sincere apologies for the delay in providing the
information.

 

I have contacted the department dealing with your FOI request and await
their response.

 

Regards

 

John

John Grewcock
Information Governance Officer
Information Governance
South Tyneside Council
Level 3
Town Hall & Civic Offices
Westoe Road
South Shields
Tyne & Wear
NE33 2RL

Tel. (0191) 424 6538

[South Tyneside Council request email]

 

dangos adrannau a ddyfynnir

Dear foi,

Any news?

Yours sincerely,

Charles Bell

foi, South Tyneside Metropolitan Borough Council

1 Atodiad

  • Attachment

    FOI 13 12527 Response to Charles Bell Children Arrested and Detained.pdf

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This email has been classified as: NOT PROTECTIVELY MARKED

Dear Mr Bell

 

Please find attached the Councils response to your Freedom of Information
request, we apologise for the delay in providing you with this
information.

 

Regards

 

John

 

John Grewcock
Information Governance Officer
Information Governance
South Tyneside Council
Level 3
Town Hall & Civic Offices
Westoe Road
South Shields
Tyne & Wear
NE33 2RL

Tel. (0191) 424 6538

[South Tyneside Council request email]

 

dangos adrannau a ddyfynnir