for Policies & Procedures

Transcription

1 Leicestershire Constabulary for Policies & Procedures Policy or Procedure Title: Reference Number: Joint protocol for young persons being harboured by persons so as to keep them away from lawful control of their parents/carers This consists of a series of parts that ensure that the policy or procedure complies with important legislation. Completion will demonstrate this, and will provide an audit trail of decision-making for future reference. This pack will be kept with every Force Policy and Procedure, and the responsibility for its completion and maintenance lies with the author and the owner of the Policy or Procedure in question. Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7 Part 8 Part 9 Part 10 Equality Impact Assessment Human Rights Risk Assessment Health and Safety Environment Data Protection & Freedom of Information Impact on Bureaucracy Citizen Focus Dissemination & Training Consultation Review Log Date Author Reason for completion (is the policy/procedure new, reviewed without change or revised?) 10/07/10 Insp Gray Reviewed and no changes made to procedure Page 1 of 7

2 Part 1: Equality Impact Assessment Contact the Diversity Unit for assistance if required Purpose The purpose of an Equality Impact Assessment is to work out how a policy will affect people from different groups and communities. This is so that we can ensure as far as possible, our policies are developed in full recognition of the diverse needs, circumstances and concerns of the people who will be affected by them. Equality Groups The equality groups which need to be considered throughout the impact assessment area as follows: Minority and majority ethnic communities Disabled people Women and men, including transsexual people Lesbian, gay, bisexual and heterosexual people People of differing religions and beliefs, including those who have none People of differing age groups Data collection There is a need when carrying out an equality impact assessment to understand what statistical data is available e.g. diversity monitoring data, surveys, statistical databases, consultation results, publications and other resources. What data/statistical information will be used to identify the impact of the function/policy/strategy/procedure? Each time the procedure is followed a record is recorded on CIS using HO code This provides information for the MFH working group on a quarterly basis. This allows statistical data to be compiled about diversity of both the child and perpatrator What research material or data have you used? There are national statistics produced by police and children's groups that estimates the number of children going missing and thought to be at risk of child sexual exploitation. In the region the Derbyshire Safe & Sound organisation which works with the police have suggested figures regionally. What qualitative/quantitative information/research has been considered? This is covered in the section above What gaps in the information/research have been identified? (Note if gaps have been identified consideration should be given to commissioning new research): Research is well documented and there is no requirment for any further research by Leicestershire Page 2 of 7

3 Assessment of likely impacts From the information/research has any adverse impact been identified on any of the equality groups listed above? Y Are there any factors that can explain or justify this adverse impact? This impacts particularly on Children & young people. Legislation concerning this group is in place justifying this ie Children Act and law on child abduction. The LCSB also has procedures highlighting the need to safeguard young people as they are particularly vulnerable to exploitation and abuse. The procedure may also disadvantge people with learning difficulties and visual/audio impairment -in addition those where English is not their first language. Are there any positive impacts? Yes -harm reduction & safeguarding Mitigating adverse impact What actions can you take to mitigate any adverse impact? The procedure contains safeguards for these groups as it mirrors similar safeguards contained in PACE. This includes use of a carer or approprate adult to safeguard the interests of either the victim or perpatrator where there are learning difficulties or physical problems and to sign any documentation on their behalf. Where English is not the first language then letters are translated and an interpreter used. What are the resource implications, if any, for mitigating adverse impact? If an interpreter is required then this may carry a financial cost to the organisation although use of family memebers or friends can reduce this cost. Describe what consultation has been undertaken? (If none please state why, if yes please state who, how, outcomes and what the process was of feed back to consultees): When the procedure was drawn up the CPS were consulted and jointly signed up. In addition social care & health were consulted and they support the procedure Outline any findings/outcomes of this impact assessment. Any impact on the groups listed have been identified and safeguards mitigate these. There have been no additional findings since the inception of this procedure and since the first equality impact assessment Is the policy/procedure being monitored? (If no monitoring is taking place, please state what will be implemented): Each BCU has a vulnerable children's officer who collate and monitor every warning issued which is also recorded on CIS. Recommendations from assessment is: Policy maintained in current form (Please justify why especially if there is a possibility of adverse impact) Policy amended (Please summarise the amendments) Policy abandoned (Please state how the implications will be managed). Page 3 of 7

4 Details: No changes since last assessment Any other comments: None Please note that this template will be available as a public document unless otherwise stated. Page 4 of 7

5 Part 2: Human Rights Contact the Diversity Unit for assistance if required Q1. Who will be affected by the policy or procedure? Young People and persons suspected of harbouring them against the wishes of parents Q2. Will the policy or procedure restrict anyone s Convention rights? These are: Article 2: Right to life A person has the right to have their life protected by law. There are only certain very limited circumstances where it is acceptable for the state to take away someone s life, e.g. if a police officer acts justifiably in self defence. Article 3: Prohibition of torture A person has the absolute right not to be tortured or subjected to treatment or punishment which is inhuman or degrading. Article 4: Prohibition of slavery and forced labour A person has the absolute right not to be treated as a slave or to be required to perform forced or compulsory labour. Article 5: Right to liberty and security A person has the right not to be deprived of their liberty arrested or detained except in limited cases specified in the article (e.g. where they are suspected or convicted of committing a crime) and provided there is a proper legal basis in UK law. Article 6: Right to a fair trial A person has the right to a fair and public hearing within a reasonable period of time. This applies both to criminal charges against them and to cases concerning their civil rights and obligations. Hearings must be carried out by an independent and impartial tribunal established by law. It is possible to exclude the public from the hearing (though not from the judgment) if it is necessary to protect things like national security or public order. If it is a criminal charge, the person is presumed innocent until proven guilty according to law and has certain guaranteed rights to defend themselves. Article 7: No punishment without law A person normally has the right not to be found guilty of an offence arising out of actions which at the time they committed them were not criminal. They are also protected against later increases in the maximum possible sentence for an offence. Apart from the right to hold particular beliefs, the rights in Articles 8 to 11 may be limited where that is necessary to achieve an important objective. The precise objectives for which limitations are permitted are set out in each article, but they include things like protecting public health or safety, preventing crime and protecting the rights of others. Page 5 of 7

6 Article 8: Right to respect for private and family life A person has the right to respect for their private and family life, their home and their correspondence. This right can be restricted only in specified circumstances. Article 9: Freedom of thought, conscience and religion A person is free to hold a broad range of views, beliefs and thoughts, and to follow a religious faith. The right to manifest those beliefs may be limited only in specified circumstances. Article 10: Freedom of expression A person has the right to hold opinions and express their views on their own or in a group. This applies even if those views are unpopular or disturbing. This right can be restricted only in specified circumstances. Article 11: Freedom of assembly and association A person has the right to assemble with other people in a peaceful way. They also have the right to associate with other people, which includes the right to form a trade union. These rights may be restricted only in specified circumstances. Article 12: Right to marry Men and women have the right to marry and start a family. National law will still govern how and at what age this can take place. (Article 13 is not included in the Human Rights Act.) Article 14: Prohibition of discrimination In the application of the Convention rights, a person has the right not to be treated differently because of their race, Q2 Will anyone s Convention Rights be restricted by the policy/procedure? Yes No If the answer to Q2 was Yes proceed to Q3. If the answer to Q2 was No, this is the end of the compliance; please proceed to Part 3 Risk Assessment. Although be aware of any possibility that your policy or procedure may restrict someone s Convention rights, this includes the absolute, limited and adjoined rights enshrined within the Human Rights Act Things may change and you may need to reassess. Q3. What Convention rights are restricted? Are they absolute rights or limited rights? This can effect the rights of a young person in relation to article 8 which are limited rights Page 6 of 7

7 Q4. What is the legal basis for the restriction? There is law ie Children Act which coupled with the government paper on Every Child Matters states that a child should be kept safe and not be exposed to the risk of significant harm. Sections 17 & 47 of the Chilren Act cover this. Q5. What is the legitimate aim for the restriction? To reduce harm and to safeguard young people. To prevent them being exposed to or suffering significant harm Q6. Are the actions that restrict the right proportionate? Is there some other way that the legitimate aim could be pursued, without restricting someone s human rights? Yes they are proportionate. There is no other way to achieving the aim without restricting the rights of the individual child Q7. Are the actions that restrict the right fair, non-discriminatory and least intrusive? What are the equality implications for restricting the right? The use of this procedure has safeguards included that involves the wishes of parents and carers who hold legal rights in relation to young people. If a parent or carer does not consent to the use of this procedure then it is not employed. It also respects the wider rights of article 8 regarding family life of the family unit rather than the individual child Q8. Does the policy or procedure specify that a record of any decisions that affect someone s rights are documented? Y -these are recorded on CIS and an Inspector is required to make a policy decision re its use Q9. Has legal advice been sought on the policy or procedure? Yes No Page 7 of 7