Actions speak louder: A second review of healthcare in ... - HMCPSI
Actions speak louder: A second review of healthcare in ... - HMCPSI
Actions speak louder: A second review of healthcare in ... - HMCPSI
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FINDINGS<br />
ACTIONS SPEAK LOUDER<br />
expect to see relevant health <strong>in</strong>formation be<strong>in</strong>g considered dur<strong>in</strong>g the sentenc<strong>in</strong>g<br />
process. This was disappo<strong>in</strong>t<strong>in</strong>gly not the case <strong>in</strong> too many areas.<br />
We exam<strong>in</strong>ed 130 cases where the child or young person had gone through the<br />
court process and, while a PSR was written prior to sentence <strong>in</strong> 85% <strong>of</strong> cases,<br />
an appropriate health component was <strong>in</strong>cluded <strong>in</strong> only 68% <strong>of</strong> cases – this means<br />
<strong>in</strong>clud<strong>in</strong>g relevant evidence from the Asset assessment. More worry<strong>in</strong>gly, only<br />
48% <strong>of</strong> those reports were considered by the <strong>in</strong>spectors to be balanced, verified<br />
and factually accurate and only 58% were seen to have addressed diversity issues<br />
sufficiently. Although there are good examples, PSRs simply did not rout<strong>in</strong>ely<br />
<strong>in</strong>clude <strong>in</strong>formation on the health <strong>of</strong> the <strong>in</strong>dividual, even where there were clear<br />
<strong>in</strong>dications <strong>of</strong> health issues conta<strong>in</strong>ed on file.<br />
Sometimes, it is suggested that there is not a sufficiently direct relationship<br />
between a health issue and a specific <strong>of</strong>fence. Although this argument may have<br />
more weight <strong>in</strong> an Asset assessment, it is surely less credible where the court has<br />
to consider factors about a young person’s health when it is carry<strong>in</strong>g out sentenc<strong>in</strong>g.<br />
Indeed, where the emotional and mental health or the substance misuse component<br />
<strong>of</strong> PSRs did not reflect the range <strong>of</strong> issues identified <strong>in</strong> either the Asset or <strong>in</strong> the<br />
separate health file, this has left children and young people vulnerable to<br />
safeguard<strong>in</strong>g issues and their health needs not be<strong>in</strong>g met. It has also <strong>in</strong>creased<br />
the potential for children and young people to cause harm to others where violence<br />
has been a feature <strong>of</strong> the <strong>of</strong>fend<strong>in</strong>g behaviour.<br />
Good practice from <strong>in</strong>spection reports<br />
“Practitioners with<strong>in</strong> a health team had lists <strong>of</strong> all children and young<br />
people who had scheduled court and panel sentenc<strong>in</strong>g appearances,<br />
which enabled them to prioritise and contribute to PSRs appropriately.<br />
Health workers were also accessible for <strong>in</strong>form<strong>in</strong>g pre-sentence<br />
processes effectively. Court reports cover<strong>in</strong>g child and adolescent<br />
mental health services (CAMHS) and substance misuse issues were<br />
timely and appropriately <strong>in</strong>formed.”<br />
“Staff work<strong>in</strong>g <strong>in</strong> health and substance misuse services provided good<br />
<strong>in</strong>formation for <strong>in</strong>clusion with<strong>in</strong> PSRs and also <strong>of</strong>fered relevant<br />
addenda as appropriate.”<br />
One YOT not only had health practitioners contribut<strong>in</strong>g to tra<strong>in</strong><strong>in</strong>g for court<br />
magistrates, but also had their substance misuse service <strong>of</strong>fer<strong>in</strong>g a presence<br />
<strong>in</strong> court <strong>in</strong> order to provide ‘stand-down’ reports (reports created dur<strong>in</strong>g a break<br />
<strong>in</strong> proceed<strong>in</strong>gs) and packages <strong>of</strong> support for people on bail. This level <strong>of</strong> support,<br />
however, was highly unusual. In general, packages <strong>of</strong> support for people on bail that<br />
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