© Crown copyright 2017
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: email@example.com.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/notices-of-supervision-guidance-for-youth-justice-professionals/notices-of-supervision-guidance-for-youth-offending-teams
Notices of Supervision
1. The purpose of this guidance
This guidance is for those who work in a youth offending team (YOT). It explains how to identify and apply for the requirements which are applied to Notices of Supervision.
You may also find it useful if you work in an under-18 young offender institution (YOI) or for Her Majesty’s Probation and Prison Service (HMPPS) and are responsible for approving Notices of Supervision. This is because it describes how any additional requirements are tested to ensure that they are ‘proportionate’ and ‘necessary’.
The guidance is non-statutory, but should help you respond to the different circumstances of each child and young person. It should be read together with the forms and guidance needed to request additional licence conditions.
2. When requirements can be applied to a Notice of Supervision
There are two occasions when requirements can be applied to a Notice of Supervision.
- When a child or young person is sentenced to a Detention and Training Order (DTO) and will be released into the community on a Notice of Supervision.
- Following the introduction of the Offender Rehabilitation Act 2014, a child or young person serving a Section 91 or 96 of the Sentencing Act, which is for a term of less than 12 months, may be subject to a Notice of Supervision.
A DTO is a custodial sentence where time is split between custody and supervision in the community. This is set out in Section 103 of the Powers of Criminal Courts (Sentencing) Act 2000 (‘the Sentencing Act’).
3. How to decide whether the requirements are necessary and proportionate
The requirements applied to Notices of Supervision are not set in statute, but they should be both ‘necessary’ and ‘proportionate’.
Requirements to Notices of Supervision should be designed to prevent future crime. They should never be applied as a punishment.
These terms are defined as1:
This means that the requirement is necessary to enable the management of identified risks of harm posed by the child or young person. No other less onerous requirement will suffice. The requirement must be needed to allow for effective management of the child or young person.
This means that any restriction or loss of liberty arising from the imposition of the requirement is proportionate to the level of risk presented by the child or young person. It also means that no other less intrusive means of addressing the risk is available or appropriate. The requirement cannot go further than what is necessary to manage the risk.
You should also look at the likelihood of reoffending and risk of serious harm to help you assess the level of intervention required.
With this in mind you should consider the following:
- Is the requirement necessary to prevent the young person from reoffending or causing harm to others? It is not appropriate to use such requirements to safeguard the child or young person or to prevent them from harming themselves.
- Are the requirements attached to the Notice of Supervision requirement proportionate to the level of risk to the public that the child or young person poses at the point of release from custody?
- Have you considered the child or young person’s circumstances, improvements in maturity level, progress against their training plan and any other relevant factors which will apply at the point of release from custody? The child or young person’s offence may inform the decision about what requirements to apply to the Notice of Supervision but requirements must not be arrived at solely as a result of the offence.
- Is there is a less intrusive way of managing a child or young person’s behaviour than using a Notice of Supervision requirement?
- Are the proposed requirement/s appropriate to manage the level of risk of reoffending that the child or young person poses? There is a reasonable expectation that compliance with a requirement will reduce the risk of reoffending.
- Is the child or young person able to comply with the requirements attached to their Notice of Supervision? You should make sure that you talk to the child or young person about the contents of their Notice of Supervision.
You should refer to the case management guidance and the joint national protocol for transitions in England or the youth to adult transition principles and guidance for Wales for further information about what to do when a young person turns 18 during their sentence.
4. When licences apply to children and young people
This guidance does not cover licences, but there are specific instances when it is useful to outline when licences apply to children and young people. The function of a licence is very similar to that of a Notice of Supervision, however there are some important distinctions that you must pay close attention to. In the youth justice system licences apply to custodial sentences that are not DTOs and not Section 91 sentences of less than 12 months.
The legislation supporting licence conditions is a little more detailed than that for Notices of Supervision and there is a legal obligation for standard conditions to be imposed as a part of a licence as outlined in the Criminal Justice (Sentencing) (Licence Conditions) Order 20152.
In setting licence conditions, the Secretary of State for Justice is required to have regard to the following aims when supervising offenders while on licence:
- protect the public
- prevent reoffending
- secure the successful re-integration of the child or young person into the community
This guidance does not change the way in which licences and licence conditions for children and young people operate. The sign off process and wording should remain as outlined in the Prison Service Instruction 12/2015.
5. The difference between a Notice of Supervision and a licence
There is a difference in the statutory framework that provides the basis for requirements for Notices of Supervision and licence conditions.
Section 250 of the Criminal Justice Act 2003 outlines that standard conditions should be applied to all licences (licences for adults and children). These standard conditions and possible additional conditions are included in the National Offender Management Service (now HMPPS) Prison Service Instruction 12/2015. The possible additional conditions may be added onto a licence if it is felt that it is necessary and proportionate to achieve the aims of the licence.
There is nothing specific within legislation that outlines the standard or additional requirements that can or should be added to a Notice of Supervision.
6. The requirements that can be applied to Notices of Supervision
There are standard requirements, drawn from the Criminal Justice Act 2003, which will normally be applied to all Notices of Supervision for children and young people leaving custody. This includes the option of additional requirements if it is deemed proportionate and necessary to apply them to the child or young person. These are illustrated in the table below.
|A child or young person must:|
|(a) be of good behaviour and not behave in a way which undermines the purpose of the Notice of Supervision period|
|(b) not commit any offences|
|(c) keep in touch with the supervising officer in accordance with instructions given by the supervising officer|
|(d) receive visits from the supervising officer in accordance with instructions given by the supervising officer|
|(e) reside permanently at an address approved by the supervising officer and obtain prior permission of the supervising officer for any stay of one or more nights at a different address|
|(f) not undertake work, or a particular type of work, unless it is approved by the supervising officer and notify the supervising officer in advance of any proposal to undertake work or a particular type of work|
|(g) not travel outside the United Kingdom, the Channel Islands or the Isle of Man expect with prior permission of your supervising officer or for the purposes of immigration, deportation or removal.|
It is important that you talk this through with the child or young person so that they understand the impact, and their right to a family and private life (as conferred by Article 8 of the Human Rights Act (2000) is respected.
You should explain the standard and additional requirements to them and make sure that they understand what is expected of them while they are under supervision. This is in line with the national standards for youth justice services.
You can follow these steps to help you do this:
- Correctly identify if the child or young person should be supervised under a licence or Notice of Supervision.
- Consult with colleagues and others to make sure that the requirements are informed by a current risk assessment.
- Consult with the child or young person and their parents or carers.
- Ensure that the additional requirements you are requesting are both necessary and proportionate. Confirm that they the least intrusive way of managing the child or young person’s risk of reoffending.
- Justify your assessments by providing clear evidence in the relevant forms.
- Send the paperwork to the correct authority to issue the Notice of Supervision.
- Clearly explain the requirements to the child or young person and make sure they understand what is required of them.
You must also ensure that the child or young person understands the consequences of breaching any of the requirements and explain the next steps.
Read more about breach and recall in the case management guidance.
When deciding whether to breach a child or young person you should have due regard as to whether they have an acceptable reason for breaching their requirement.
Finally, you must let the child or young person know that should they feel they will not be able to comply with any of the requirements included in the Notice of Supervision, they must inform their supervising officer. This will allow the child or young person and their supervising officer to work together to avoid breach.
7. Standard requirements
If appropriate, standard requirements can be amended for individual Notices of Supervision. Where standard requirements are not sufficient to address identified risks, additional or different requirements can be attached to the Notice of Supervision.
8. Additional requirements
When applying for additional Notice of Supervision requirements, you must be able to demonstrate whether they are necessary and proportionate.
The imposition of requirements in a Notice of Supervision must be fair and reasonable, and must be necessary and proportionate to the individual circumstances of the child or young person. Standard requirements can be applied, but in exceptional and appropriate circumstances there must be scope for alternative (but still necessary and appropriate) conditions to be applied.
Additional requirements could be used to specify (for example):
- residence at a specific place
- restriction of residency
- making or maintaining contact with a person
- participation in, or co-operation with, a programme or set of activities
- possession, ownership, control or inspection of specified items or documents
- disclosure of information
- a curfew arrangement
- freedom of movement
- supervision in the community by the supervising officer, or other responsible officer, or organisation
If you are able to demonstrate that additional requirements are necessary or proportionate, you should apply to the Youth Custody Service Placements Team for them to be added (for children in secure children’s homes (SCHs) or secure training centres (STCs) or the Governor of the under-18 young offender institution (YOI) if the child is being released from a YOI. If additional requirements are approved, the wording will be taken from PSI 18/2014 (amendments or bespoke requirements can be applied with legal advice).
You can’t change the wording of the standard or additional requirements included in this guidance. It has gone through a significant amount of consultation, but if you wish, bespoke requirements can be applied for, however you must justify their need and identify how the bespoke additional requirement is both necessary and proportionate.
You can appeal decisions made with the decision-making authority via email or letter or by the complaints procedure. You must provide reason for your appeal and clearly explain why you feel the denied additional requirements are both proportionate and necessary.
Intensive Supervision and Surveillance (ISS) and Electronic Monitoring
Intensive Supervision and Surveillance is a high intensity programme designed to address complex factors which contribute to offending. It is not a safeguarding measure and as a Notice of Supervision requirement should not be applied to punish a child or young person. It should only be used where it has been evidenced that such an intervention is proportionate and necessary to manage the risk of reoffending and where no less onerous intervention or requirement will manage the identified risks. It is worth noting that when used as part of a Youth Rehabilitation Order (YRO), ISS has to be ordered by a court and is the most serious intervention available as part of a YRO.
ISS cannot be applied for as an additional requirement if a child or young person does not meet the criteria.
This is because the eligibility threshold for ISS has purposefully been set high. It is only to be used for the most exceptional cases where the young person is both a serious and prolific offender and presents the highest risk of reoffending. This is because ISS is both an intrusive and onerous additional requirement.
If the young person does not meet the criteria for ISS, their risk should be managed using the other additional requirements available.
The intensity and time spent on ISS can vary according to the risk of reoffending and harm to others that the child or young person presents. You must assess the child or young person, using AssetPlus, to help determine what level of ISS is required to manage their risk. Further information on this can be found in the national standards for youth justice services.
ISS will involve each of the following:
- a minimum number of programmed hours of contact per week with the youth offending team/specified programme. The number of hours will reduce at defined periods of the ISS.
- education, training (especially basic literacy and numeracy) and employment
- interventions to tackle offending behaviour
- reparation to victims or the community in conjunction with the national standards
- assistance in developing interpersonal skills
- family support
- a curfew supported by electronic monitoring plus two surveillance checks a day
9. The circumstances when ISS might be applied to a Notice of Supervision
ISS may be included as a requirement for a Notice of Supervision if the child or young person is under the age of 18 at release. However, it is a stringent measure and so should only be used if it is:
- necessary to manage their risks
- proportionate, where no lesser requirement could just as effectively manage the young person’s risk
Ahead of applying for ISS as an additional requirement you should consider whether any of the other additional requirement(s) outlined in the table above serve the purpose you are seeking to achieve.
An ISS Notice of Supervision requirement can only be considered if one or more of the following criteria have been met:
- the child or young person’s index offence falls under the multi-agency public protection arrangements (MAPPA) to be managed at level 2 or 3
- the child or young person is assessed as posing a high or very high risk of serious harm to others and they are assessed as posing a high risk of reoffending
Proposals for ISS should be discussed at the multi-agency final review meeting and discussed with any other relevant multi-agency panels (such as MAPPA, gangs forums, Bronze Panels or similar). The proposal to include ISS should be discussed with the child and their parents to explain the reasons behind its use – this discussion should take place before a final decision is made.
There must also be a discussion with the child or young person, and where appropriate their parents or carers, as part of the process to decide whether to recommend ISS.
When the YOT decides to make a recommendation for ISS to be used as a Notice of Supervision requirement, the case manager must complete the forms to request for Intensive Supervision and Surveillance and or Electronic Monitoring to be added to Notice of Supervision/ release licence. This is to ensure that a defensible, evidence based decision making process is in place for each case. These forms and guidance are available online.
The completed form must be sent to the Youth Custody Service Placements Team. A copy must also be sent to the secure establishment where the child or young person is being looked after, together with the final review meeting paperwork. A decision is then taken by the responsible authority no less than seven days prior to release.
10. Electronic monitoring
In some circumstances, it may not be appropriate for a child or young person to be placed on ISS, if they are likely to breach. On other occasions the full ISS programme may not be necessary to support rehabilitation. However electronic monitoring may still be beneficial to achieving the aim of the Notice of Supervision for the child or young person. Electronic monitoring is only allowed as a separate additional requirement for these reasons.
As outlined below, the criteria for applying electronic monitoring outside of an ISS programme is identical to those which must be met for ISS.
Electronic monitoring must not be used to safeguard the child or young person. It should only be used as a separate additional requirement in exceptional circumstances where the child or young person presents a high level of risk of reoffending and it is necessary to stringently monitor the child or young person’s compliance with their curfew. If there is another less intrusive requirement available to manage the child or young person’s risk, then electronic monitoring must not be applied. It must be necessary and proportionate.
As above, the child or young person must meet any one of the following criteria:
- their index offence falls under MAPPA to be managed at level 2 or 3
- person is assessed as posing a high risk of reoffending
You must check that electronic monitoring is available in the relevant local area. When applying for electronic monitoring as an additional requirement, your case manager must complete the request for Intensive Supervision and Surveillance and or request for Additional Requirements to be added to Notice of Supervision/ release licence forms to ensure that a defensible, evidence based decision making process is in place for each case. These forms and guidance are available online.
11. How to submit a request for Notice of Supervision requirements
The requirements of a Notice of Supervision must be approved by the Secretary of State for Justice. This function has been delegated to the governors of YOIs,and the Youth Custody Service Placements Team.
This section describes the five stages for preparing and approving a Notice of Supervision. It focuses on requesting additional requirements and breaking down the roles and responsibilities of the YOT, secure establishment and the Youth Custody Service Placements Team. It also contains the process of approval for additional requirements.
11.1 Stage 1: Continuous assessment
The child or young person’s progress against their plan must be continually assessed. If additional requirements are applied to their Notice of Supervision this should not be based on their offence, but the progress they have made against their sentence plan.
11.2 Stage 2: Release Preparation Meeting
The penultimate meeting prior to release will be the release preparation meeting. This must be held no later than one month before the proposed release date. This meeting will focus on arrangements for the child or young person’s release. It is when the Notice of Supervision requirements are proposed, discussed with the child or young person and their parents and agreed as part of the multi-agency planning process.
The process should bring together and be informed by the planning which has taken place over the entirety of the custodial element of the sentence, and all relevant assessments. The proposed content of the Notice of Supervision should be shared with all relevant services that will be supporting the resettlement of the child or young person.
The proposed content of the Notice of Supervision must be discussed with the child or young person, their families/carers and agreement should be sought between the YOT and secure estate.
11.3 Stage 3: Paperwork
It is crucial that the process of agreeing Notice of Supervision requirements is multi-agency. Once an agreement has been reached it is the responsibility of the YOT to complete the relevant paperwork to confirm the standard requirements and request any additional requirements to the establishment.
You should follow these steps:
- If you are requesting standard requirements only, you must notify the Youth Custody Service Placement Team by email to YCSPT-Functions@justice.gsi.gov.uk
- If you are requesting additional requirements, please complete the Request for Additional Requirements Form
- If you are requesting ISS or Electronic Monitoring as an additional requirement you are required to complete the Request for additional requirements Form’ and an additional Request for Intensive Supervision and Surveillance (ISS) or Electronic Monitoring to be added to Notice of Supervision/release licence form.
Notification of standard requirements and any requests for additional requirements must be made at least ten days prior to the child or young person’s release date to enable the Youth Custody Service or secure establishment to meet national standards. This timing is also important to ensure that the child or young person is given clear and timely information about the expectations of them upon release and are able to raise any concerns that they may have.
If the child or young person is placed in a SCH or STC it is then the establishment’s responsibility to pass this information to the Youth Custody Service Placement Team.
If the child or young person is placed in a YOI, the governor has delegated power to approve the requirements.
11.4 Stage 4: Decision Making
Those that are making the decision, whether it is the Placements Team or the governor of the YOI, must carefully consider the standard and additional requirements requested.
It is the responsibility of the YOT and secure establishment to provide evidence that the additional requirements are both necessary and proportionate. If this evidence is not provided, then those responsible for signing off the requirements and issuing the Notice of Supervision on behalf of the Secretary of State for Justice may ask for additional information.
The national standards specify that Notices of Supervision must be signed by the authoriser and the child (or the reasons for the child refusing to sign recorded) at least seven days before the young person’s release date. If the child, their parents, carers or representative object to any of the contents of the Notice of Supervision, they should be given opportunity to complain through established channels. Wherever possible their complaints should be considered and responded to before the notice comes into force.
Decisions to deny additional requirements will be recorded and communicated via email along with the reasons for doing so.
11.5 Stage 5: Implementation
The agreed requirements must be entered into the ‘leaving custody module’ of AssetPlus.
During the Notice of Supervision period you should then ensure that the interventions assessed as necessary to reduce the risk of reoffending are delivered and that the child or young person engages in this support.
Any changes to the Notice of Supervision requirements should be authorised by the issuing governor of the YOI, or the Placement Team in the case of SCHs or STCs and an amended Notice of Supervision issued.
Read more about the processes for young people who are released from custody and details of the requirements in the case management guidance.