Offending and Anti-Social Behaviour – Guidance on when to Involve the Police

If a young person goes Missing, staff should follow the procedures as set out in the Missing Procedure. 

Such incidents can range from minor disagreements to serious assaults where physical injury is caused.

The registered person should consider the following when deciding whether to notify the police:

• Wishes of the victim;
• Severity of the injury sustained/nature of threat received by the victim;
• Probability of a repeat incident;
• Previous relationship between victim and offender;
• Potential impact on the young person following formal police involvement;
• Likely effectiveness of police action/court proceedings;
• Future best interests of both parties;
• Message sent to other young people;
• Availability of alternative causes of action, e.g. restorative approaches with the consent of the victim;
• Previous behaviour or offending, bullying/peer pressure/duress.

Violence towards staff can range from verbal threats to physical acts amounting to assault. Whilst the Service has a responsibility of care and support towards young people, their welfare needs to be balanced with the rights of staff not to be subjected to violence in the course of their duties.

The decisions whether to report such incidents to the police will be affected by factors similar to those listed above, and incidents should only be reported when it is agreed that they cannot be dealt with through other means. Where there is no immediate continuing threat of violence it may be in the best interests of the staff member to take time to discuss and consider possible options. One option could be a referral to the Youth Offending Team Youth Crime Prevention Programme.

Following such incidents it is important that staff utilise standard de-briefing processes, and should ensure risk assessments are updated or completed in relation to the risk of violence or injury to themselves or colleagues. A professionals’ meeting could be a useful method by which to assess these risks and look at ways this risk could be reduced.

The majority of criminal incidents involving police relate to damage to the property, and serious consideration should be given to finding alternative responses. It is important to consider whether involving the police is an effective and proportionate response, taking into account the following:

• Level/value of damage caused;
• Previous incidents of a similar nature by the young person;
• Suitability or effectiveness of police involvement;
• Impact of police involvement of the young person’s overall Care Plan;
• Message sent to other young people if applicable;
• Availability of alternative courses of action, for example referral to the Youth Offending Team.

When a young person has stolen an item from another young person or staff member, the following should be considered before involving the police:

• Wishes of the victim;
• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g. insurance claim requires a crime reference report;
• Availability of alternative courses of action, e.g. restorative approaches.

Factors for consideration should be similar to those in Section 1.4, Criminal Damage within the Service/Property, and again this list does not reflect any order of priority:

• Nature and seriousness of the allegation;
• Requirement for formal investigation, e.g. insurance claim;
• Wishes and best interest of the victim;
• Availability of alternative courses of action, e.g. restorative approaches.

The area of disorder is subjective and requires judgement by staff to avoid unnecessary police involvement for minor infringements of discipline. The main factors that should be considered are:

• Nature and seriousness of the disorder;
• Risk or threat of violence;
• The wishes of and impact on the immediate community;
• The availability of alternative courses of action.

See Drugs and Substance Misuse Procedure.

• In the recording of hate crime incidents the minimum data content required should be as follows:
  • Reported to: (the person receiving the report such as the registered person, staff, police);
  • At: (location reported at): (i.e. property, police station, etc.);
  • Referred by: (the organisation or other person referring the victim to the police if the incident is being referred);
  • Time and date of report and nature of incident.

Incidents of violence requiring an immediate police response where young person or staff are:

• At risk of immediate serious physical harm;
• Where there is a risk of substantial damage to property; or
• Risk of significant disorder within the Service.

In such situations the registered person/staff on duty should contact the police by calling 999.

If the registered person has not been consulted/informed prior to contacting the police, they should be notified without delay:

• If the police are called, or
• A serious offence is committed, the relevant manager must be notified.

It will also be necessary to notify the social worker and the Regulatory Authority (see Notification of Serious Events Procedure). 

This is an incident where no immediate police response is required for example where assault or damage has occurred and there is no risk of recurrence/Significant Harm to people, or incidents of theft. The incidents should be reported to the registered person who then has the responsibility of identifying the appropriate course of action. It is important to avoid any unnecessary reporting of incidents to the police. Should the registered person decide and/or the victim wish that formal police involvement is necessary, where possible this should be through the local police, for example as part of regular Liaison Meetings.

When a situation involving a young person is to be discussed at the Liaison Meeting the young person’s social worker should be informed and they may wish to join the discussion.

If the discussion needs to be held sooner the registered person should arrange for a member of the Local Policing Team to visit the Service as soon as possible. If there is a specific officer who frequently liaises with the Service and this officer is unavailable the registered person  should contact the Police Control Room to request a delay or scheduled response visit by another officer.

In certain circumstances preservation of evidence may be an issue and staff will need to ensure that reasonable steps are taken to retain articles relevant to any criminal allegation or police investigation.

A referral to the Youth Crime Prevention Programme (usually organised by the YOT) should be considered for those cases considered not serious or internal - via the social worker.

Police involvement should be on a risk assessment basis. If there is no risk, then the involvement will be with managers or at a low level of involvement.

The primary police involvement in the Service should be through a member of the local police meeting staff on a regular basis. Whilst some officers may already perform this duty it must be emphasised that a good working relationship is the most effective way to respond to young people with difficulties, and it is in this area that consideration should be given for joint agency training.

A regular liaison meeting between a member of the local police and the registered person would provide for discussion of non-serious incidents within the Service to identify the appropriate method of resolution, including:

• Internal action by staff with no police involvement;
• Formal police investigation primarily by a member of the local police (and any resulting action).

This liaison meeting will also provide an opportunity to share more general views and co-operation and develop a better understanding of each agency’s responsibilities and practices.

It is important to be flexible when determining the most suitable option for dealing with young people. Additional advice and support should be sought from the young person’s social worker.