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Nurture Fostering LimitedProcedures Manual

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

Contents

  1. Introduction
  2. Risk Assessment and Planning
  3. Missing Children
  4. Violence by a Child or Young Person on Another
  5. Violence to a Foster Carer by a Child or Young Person
  6. Criminal Damage and Theft within the Foster Home
  7. Substance Misuse Within the Foster Home
  8. If the Police are Involved

1. Introduction

Children who are looked after may have complex needs and backgrounds. These children sometimes exhibit antisocial or self-destructive behaviours. These can include violence and tantrums, criminal damage, theft, substance misuse, self-harm and running away from home.

Dealing with these behaviours can be challenging and upsetting at times for a foster carer. Placement plans and risk assessments should be in place to support the child or young person with these risks.

The aim should always be to reduce unnecessary police involvement in managing behaviour and avoiding the criminalisation of a child or young person.

2. Risk Assessment and Planning

2.1 The Importance of Matching

The Agency has a responsibility to make sure that children are matched appropriately with foster carers and that any potential risks are identified and strategies are put in place for dealing with this before a placement is made. The safer caring policy should be updated around this. The Agency and foster carer should know what to do and what action to take before a situation arises.

2.2 How to Support a Situation

Where a foreseeable risk is identified which cannot be avoided, the risk should be reported by the foster carer to the Agency and the child's social worker. The risk should be evaluated and a strategy agreed.

This risk assessment should be reviewed regularly taking into consideration the child's behaviours and reviewed as risks change.

A new risk assessment should be put in place after every incident and consideration should be given to whether it should be considered as a police matter or not.

If the police are involved they may consider following a restorative or crime prevention approach which may be more helpful to the child or young person.

Good supervision and ongoing training is an important tool in supporting foster carers with challenging and complex situations.

See also: Risk Assessment and Planning Procedure.

3. Missing Children

If a child/young person goes missing, foster carers and the Agency should follow the procedures as set out in the Missing Children Procedure.

4. Violence by a Child or Young Person on Another

This section should be read in conjunction with Positive Relationships and Behaviour Support Procedure.

Such incidents can range from minor disagreements to serious assaults where physical injury is caused. A proportionate and measured approach should be taken depending on the incident. The wishes of the victim have to be taken into consideration in this matter and whether the victim's child or their family want to involve the police.

Advice should be sought from the Agency and the children's social worker around what action to take if any and whether police involvement is necessary.

If this is an ongoing issue such as previous bullying incidents with the same child, decisions may need to be made on how best to manage and support the situation.

5. Violence to a Foster Carer by a Child or Young Person

There can be instances where a foster carer or foster carer's family members are abused, threatened or assaulted by a foster child or member of the child's birth family. This may include racial abuse or sexual harassment.

Physical attacks are obviously dangerous but serious and persistent verbal abuse and threats can also damage a foster carer's health and wellbeing.

If urgent action is needed then the police should be called by the foster carer. Incidents of violence requiring an immediate Police response would be the following:

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

The Agency and child's social worker should be informed when practical and safe to do so.

A detailed incident report should be written by the foster carer and given to the Agency and the child's social worker around what happened: also detailing any other relevant background information that is needed.

It will also be necessary to notify the Regulatory Authority (see Notifications of Significant Events Procedure).

A meeting should be convened between the foster carer, children's social worker and the supervising social worker to discuss what has happened during and after the incident. This meeting will also enable the foster carer to receive support and express their feelings about the incident.

A disruption meeting may need to be convened (see Reviews and Meetings Procedure). Decisions around the risk assessment will need to be made, including whether the placement can continue and what other support or other professionals involvement may be needed around the child or young person's needs. The Police may be involved in this meeting to advise on what action they are taking.

6. Criminal Damage and Theft within the Foster Home

Children can go through stages of telling mistruths and stealing. A child can damage other people's property in the household by accident or due to anger and frustration.

This is part of child development and a child working out right from wrong. This can happen at different ages for different children and can be influenced by the child's past experiences. It is important to try and understand the root cause of this behaviour.

Stealing and criminal damage should be seen in context:

  • Is the behaviour out of character for the child or does this fit with their usual way of dealing with things?
  • Has there been a sudden change in a child's behaviour or part of a pattern of stealing?
  • Is there anything that might have unsettled or upset the child?
  • Is the behaviour impacting in a negative way on the foster carer's and child's daily life? E.g. such as in the placement and around friendships;
  • Has the child said they think they have a problem or are worried?

It is important to consider whether involving the Police is an effective and proportionate response, taking into account the level/value of damage caused, previous incidents of a similar nature by the same child or young person and severity of situation.

The foster carer should talk to the child about stealing and let them know that stealing is not acceptable. Some children and young people are able to reflect on their behaviours and may be able to apologise and a suitable sanction could be put in place.

See Positive Relationships and Behaviour Support Procedure, Discipline and Sanctions.

In addition, a child or young person should be made aware that this behaviour is against the law and there could be consequences around this.

If this is an ongoing issue then the foster carer and the Agency should discuss how this behaviour can be managed and record this in the risk assessment and/or placement plan.

For some children and young people stealing and theft happens frequently within the placement. This can be part of behaviours they are struggling to manage or because they do not have the understanding around this behaviour. Other measures may need to be put in place and agreed as part of the risk assessment such as foster carers locking valuables away and having lockable bedroom doors for other placements.

A referral to the Youth Crime Prevention Programme (usually organised by the Youth Justice Team) should be thought about for those cases considered not serious. This would happen via the child's social worker and the purpose would be that the child or young person can receive specialist support and guidance.

7. Substance Misuse Within the Foster Home

Please see Alcohol, Drugs and Solvents Procedure which details information around substance misuse.

Foster carers can be held responsible for illegal drugs that are kept or used in their home, so having clear boundaries about drug use is important. This should be detailed in the placement plan and the child or young person should be supported from a health point of view to stop or reduce their drug use. Good observation, information and support can help a child or a young person with this.

8. If the Police are Involved

  • Children under 10 cannot be taken to court or held responsible for a crime;
  • Children and young people between 10 and 18 can be held responsible for crimes and taken to court;
  • Children and young people aged 16 and under should not be interviewed by the police without a responsible adult present;
  • An adult does not have to be present with a young person who is aged 17 or over unless the young person has mental health issues, learning difficulties or is seen to be vulnerable;
  • If a young person has capacity issues such as a mental disorder or mental vulnerability an appropriate adult should be appointed to support the young person in interview.

The foster carer and Agency should always consult with the child's social worker and Agency when a child or young person is arrested or interviewed. The foster carer should advise the Police that Children's Social Care is involved. Discussions should take place around who is the best person to support the child or young person in interview.