Children: arrest and detention under PACE

Charles Bell made this Freedom of Information request to Essex County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Essex County 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

Your Right To Know, Essex County Council

1 Attachment

Dear Mr Bell

Please find attached an acknowledgement of receipt of your recent request for information.

Yours sincerely,

Your Right To Know
EssexWorks
For a better quality of life

show quoted sections

FOI Requests SCF, Essex County Council

3 Attachments

Dear Mr Bell

 

Please find attached our response to your recent Freedom of Information
request.

 

Kind Regards

Lauri Almond

Information Governance Officer

Schools, Children & Families Directorate

Essex County Council

Telephone: 08457 430430

Email: [1][email address]

 

 

This email (including any attachments) is intended only for the
recipient(s) named above. It may contain confidential or privileged
information and should not be read, copied or otherwise used by any other
person unless express permission is given. If you are not a named
recipient, please contact the sender and delete the email from your
system. It is the recipient's responsibility to ensure that appropriate
measures are in place to check for software viruses.

References

Visible links
1. mailto:[email address]

Dear FOI Requests SCF,

my question asks

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.

You simply provide ages. Please provide remand outcomes as requested.

Where were these children held the night before their first court appearance?

Would you be so kind as to provide a copy of the agreement you have with Catch 22?

Yours sincerely,

Charles Bell

Dear FOI Requests SCF,

Can you chase this up please?

Yours sincerely,

Charles Bell

FOI Requests SCF, Essex County Council

Dear Mr Bell

Thank you for your enquiry. As you have asked for more information, we have now logged this as a new request. Therefore we will respond to you within the statutory 20 days and no later than the 26th June 2013.

Kind Regards
Amy Durham
Information Governance
Schools, Children & Families Directorate
Essex County Council
Telephone: 08457 430430
Email: [email address]

show quoted sections

Dear FOI Requests SCF,
This is not asking for more information. It is not a new request. It is asking for information that was originally requested and not supplied.

Iwould be very grateful if you coiuld expedite. This is part of national research and I have a timescale to adhere to.

Yours sincerely,

Charles Bell

FOI Requests SCF, Essex County Council

Dear Mr Bell

The additional information you have requested is a copy of the agreement that Essex County Council have with Catch22. We are currently in the process of collating a response. This will be provided to you at the earliest opportunity and no later than the 26th June 2013, in line with the requirements of the Freedom of Information Act 2000.

Kind Regards
Amy Durham
Information Governance
Schools, Children & Families Directorate
Essex County Council
Telephone: 08457 430430
Email: [email address]

show quoted sections

Dear FOI Requests SCF,

It is not additional information that I am requesting. It is information originally requested that Essex omitted to provide.

Yours sincerely,

Charles Bell

FOI Requests SCF, Essex County Council

Dear Mr Bell

We will be responding to your Freedom of Information request today. In relation to your request, we do not have a service level agreement with Catch22 however we do have a contract, can you please clarify whether you would like us to send you this?

Kind Regards
Amy Durham
Information Governance
Schools, Children & Families Directorate
Essex County Council
Telephone: 08457 430430
Email: [email address]

show quoted sections

Dear FOI Requests SCF,

Please send whatever you have. Sorry for the delay in getting back to you. Have been away from my PC...for once!

Yours sincerely,

Charles Bell

FOI Requests SCF, Essex County Council

3 Attachments

Dear Mr Bell
 
Please find attached our response to your recent Freedom of Information
request.

In order for us to monitor and improve our service, we would be very
grateful if you would take just a few moments to complete our online
feedback questionnaire [1]http://www.surveymonkey.com/s/XRYN6R8 , thank
you.

Kind Regards

Amy Durham

Information Governance

Schools, Children & Families Directorate

Essex County Council

Telephone: 08457 430430

Email: [2][email address]

 

This email (including any attachments) is intended only for the
recipient(s) named above. It may contain confidential or privileged
information and should not be read, copied or otherwise used by any other
person unless express permission is given. If you are not a named
recipient, please contact the sender and delete the email from your
system. It is the recipient's responsibility to ensure that appropriate
measures are in place to check for software viruses.

References

Visible links
1. http://www.surveymonkey.com/s/XRYN6R8
http://www.surveymonkey.com/s/XRYN6R8
2. mailto:[email address]
mailto:[email address]