Mediation protocol Guidance for referring officers What is mediation

Mediation protocol
Guidance for referring officers
What is mediation?
Fylde Borough Council operates a free confidential mediation service for young people and their
families to prevent homelessness. The service is run jointly with Face 2 Face YMCA. The service
would apply where the relationship with the householder has broken down and the young
person is facing homelessness.
Mediators are from organizations within Fylde, who work with young people and have
successfully attended the Right Mediation UK Open Awards Accredited Course.
Mediation is a voluntary process in which the mediator(s) act as impartial third party enabling
people who are in dispute to reach a mutually acceptable agreement as to the way forward.
Mediators help people to identify their needs, clarify issues, explore solutions and negotiate an
agreement. The parties in dispute, not the mediators, agree the way forward and if possible
sign up to an agreement which details agreed actions.
Mediation seeks to:
 Change disputing behavior
 Resolve conflict
 Achieve realistic, workable agreements
 Maintain equality between the parties
 Impartial service
 Treating people fairly
Being made homeless from parents, relatives or friends, accounts for the majority of
homelessness and housing advice applications, made to Fylde BC, by young people. Fylde
Borough Council recognizes that for some people it is not possible to remain at home due to
fear, violence or abuse. However, for many others, the security provided by home will enable
an applicant to plan their future accommodation needs better with the help of the housing team
at Fylde Borough Council and YMCA Face 2 Face.
The purpose of mediation within the context of a young person’s homelessness assessment is to
try to prevent, wherever, appropriate, homelessness and assist in rebuilding family
communication and support. Information of a personal nature gained through mediation
should remain confidential, unless requested by the applicant that it is disclosed to the housing
options team. If information is disclosed which is of a criminal nature, mediators have a duty to
pass this information onto the relevant authorities.
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Mediation provides an opportunity for people in dispute to:
 Communicate with each other – listen and speak
 Exchange feelings, ideas and perceptions
 Negotiate
 Make decisions about their lives and control their own situation
Procedure
If possible the service will be delivered with co-mediators to combine their skills and experience.
Appendix 1 contains the referral form to be completed for applicants.
There are three separate meetings held as part of the mediation service operated by Fylde
Borough Council. If further sessions are required this will be at the discretion of the comediators.
1. Referral form completed by housing homelessness/advice officer at Fylde BC. The
referral form will need to give separate contact details for both the applicant and the
householder. (Appendix 1: Mediation referral form).
2. Fylde BC Mediator to contact the applicant by phone and send letter to both the
applicant and the householder explaining the mediation service within Fylde BC and the
procedure they should expect. (Appendix 2: Fylde BC young persons’ mediation
service).
3. The applicant and the householder are given 10 working days to respond to confirm
they wish to continue with the process and arrange a first contact appointment for the
applicant and the householder.
4. If no contact is made within the 10 working day period the referral will be cancelled.
5. The applicant and householder will be offered separate first contact meetings. These
will be held at the offices of Fylde BC or YMCA Face to Face.
6. It is essential the mediator/s screens for any abuse at home that would prevent the
mediation being appropriate.
7. The Applicant first contact meetings - The applicant is informed before the start of the
session that mediation will form part of the homeless assessment/application process
and that the mediator will need to feed back to the Housing Options team the outcome
on a standard form once the mediation session has been completed, but will not
provide details of a personal nature unless specifically specified by the applicant. It may
be the case that there is a clear indication from the applicant that they wish to and are
able to return home. (Appendix 3: Mediation outcome)
a. Principals and purposes of mediation fully explained
b. The mediation process and expected behavior
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
(Appendix 2: Fylde BC young persons’ mediation service)
c. Mediation agreement signed to take part in mediation and allow third party
enquiries
(Appendix 4: Agreement to continue with mediation)
d. Risk and mediation needs assessment completed young person
(Appendix 5a: Risk and needs assessment young person)
8. The parent/householder first contact meeting
a. Principals and purposes of mediation fully explained
b. The mediation process and expected behavior
c. Mediation agreement signed to take part in mediation and allow third party
enquiries
d. Risk and mediation needs assessment completed – parent/householder
(Appendix 5b: Risk and mediation needs assessment parent/householder)
9. If both parties are willing to attend the full mediation session a joint appointment will be
offered using material gained from the first contact meetings and the mediator will help
them to negotiate middle ground. Aim to complete a Mediation Outcome (Appendix 3:
Mediation outcome).
10. Upon completion of the sessions, the mediator should feedback the outcomes to the
housing options team (Appendix 3: Mediation outcomes)
Evaluation
The aim of the service is to offer a successful mediation session that prevents homelessness for
the young person, giving then the security of home in order to plan their accommodation needs
better. We will ask all clients the applicant and the householder to fill out an anonymous
questionnaire about the way the case was handled. (Appendix 6)
Client records
The mediation team will keep client records. These are limited to information collected as part
of the Appendices of this protocol:
Appendix 1: Mediation referral form
Appendix 3: Mediation outcome
Appendix 4: Agreement to continue with mediation
Appendix 5a: Risk and mediation needs assessment young person
Appendix 5b: Risk and mediation needs assessment parent/householder
No independent notes made by the Mediators will be kept on file when the mediation process is
completed.
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Appendix 1
Mediation Referral Form
Email To: [email protected]
Mediation case no:
Referral officer:
Position:
Contact telephone number:
Email details:
1. Client details
Applicant:
DOB:
Householder:
DOB:
Relationship to applicant (Parent/Auntie/Sister/Friend):
Applicants address:
Householders address (if different):
My Home Choice Application number/s:
HMS number/s:
HAE number/s:
Applicants phone number:
Householders phone number:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
2. Case details:
Background details of the homeless assessment and any other relevant information:
Details of other agencies involved:
Reason for mediation referral and anticipated outcomes:
I confirm that:
1. The applicant has signed to allow disclosure of their details to a Third Party as part of
their homeless assessment/prevention application
2. The applicant has been informed of the purpose and principals behind mediation and
has been given the leaflet ‘Fylde BC young person’s mediation service’.
Applicant’s signature:
Signature of referring officer:
Date:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Appendix 3
Mediation outcome
(Completed following the mediation session)
Name:
Name:
Address:
Address:
Signature:
Signature:
Mediator/s:
Venue:
Date:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Appendix 4
Agreement to continue with mediation
(Completed during the first contact meetings)
Young person
I agree to work with the mediation service offered by Fylde BC.
I have received information and understand the medication process and expected behavior
during mediation.
I understand the mediation service may obtain and share information gained during mediation
with agencies that can provide specialist support, with my authorization given via this form.
I understand that all issues raised during the first contact meetings and mediation session will be
confidential except where there is disclosure of criminal activity or abuse where it may be
necessary for the mediation service to pass this information onto the relevant authorities.
I agree to attend the arranged mediation session.
Signed:
Date:
Householder/Parent/Relative/Friend
I agree to work with the mediation service offered by Fylde BC.
I have received information and understand the medication process and expected behavior
during mediation.
I understand the mediation service may obtain and share information gained during mediation
with agencies that can provide specialist support, with my authorization given via this form.
I understand that all issues raised during the first contact meetings and mediation session will be
confidential except where there is disclosure of criminal activity or abuse where it may be
necessary for the mediation service to pass this information onto the relevant authorities.
I agree to attend the arranged mediation session.
Signed:
Date:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Appendix 5a
Risk and mediation needs assessment young person
Third party authority to make enquiries
(Completed during the first contact meeting)
1.
Applicant Needs assessment
These questions are designed to explore and identify possible issues that could help inform
the mediation process
If you answer yes to any of the questions please give further information in the space provided
A: Do you sometimes struggle to talk to the parent/householder without it resulting in an
argument? Yes/No.
B: Do you feel that you lose your temper frequently with the parent/householder? Yes/No.
C: Do you have difficulty negotiating boundaries with the parent/householder? Yes/No
D: I am unsure about talking to the parent/householder about certain issues such as alcohol and
drug misuse? Yes/No
E: I have difficulty discussing your concerns about being able to independently run your life?
Yes/No
F: What are the main issues that you feel are affecting your relationship with the
parent/householder?
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
G: Is there any common ground to move forward around? Yes/No
The following questions are to help us gain a better understanding of your economic,
personal and social well being. They are not trick questions they are meant to help us
understand more about you and your needs in accessing mediation?
ECONOMIC WELL BEING
If you answer yes to any of the questions please give further information in the space provided
A: Struggle with managing your money and budgeting? Yes/No.
B: Struggle understanding the benefits you may be entitled to? Yes/No.
C: Would you struggle with managing a tenancy? (rent, bills, landlord relations) Yes/No
ENJOYING AND ACHIEVING
If you answer yes please to any of the questions please give further details in the space provided
A: Do you enjoy learning and gaining an education? Yes/No
B: Have a desire to gain more qualifications? Yes/No
C: Would like to learn a new skill or trade? Yes/No
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
BEING HEALTHY
If you answer yes please to any of the questions please give further details in the space provided
A: Do you eat three meals a day? Yes/No
B: Do you eat fruit and vegetables? Yes/No
C: Can you cook a meal? Yes/No
D: Do you take regular exercise? Yes/No
SOCIAL/CIVIC PARTICPATION
If you answer yes please to any of the questions please give further details in the space provided
A: Do you like meeting new people and find it easy to engage in conversation? Yes/No
B: Would you like to volunteer and get engaged with community activities? Yes/No
C: Are you a member of any clubs or societies? Yes/No
D: Do you think you are confident and outgoing? Yes/No
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
2.
Risk assessment
VIOLENCE
Do you feel at risk from any person or circumstance Yes/No?
If Yes further details
CUSTODIAL SENTENCE
Have you ever served a prison sentence? Yes/No
If yes give further details
CRIMINAL CONVICTIONS
Do you have any criminal convictions? Yes/No
If yes give further details?
UNSPENT CONVICTIONS
Do you have any unspent convictions? Yes/No
If yes give further details?
Identified risk/issues (note details of risk)
Yes
Self Injurious behavior:
Alcohol use/misuse:
Drug use/misuse
Aggressive/abusive behavior:
Anti-social behavior:
Violence to family members:
Violence to the general public:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
No
Past/present dates
Sexual assault against children/others:
Damage to property:
Arson:
Theft:
3.
Authority to make enquiries and share information and declaration
information given is correct
I/We understand that where another agency is working with me/us (e.g. Leaving Care
Team, Social Services, Probation, Police), information may be shared regarding my
housing situation and undertaking mediation to help resolve this. I accept that this will
be done on a ‘need to know’ basis and wherever possible I/We will be kept informed.
I/We authorize any third party (including my Doctor, Consultant, Social Services) to
disclose any information relevant to my housing/homelessness application and
undertaking mediation to help to resolve this.
I hereby declare that the information I have given is true and correct.
Signature:
Date:
Applicants full name:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Risk and mediation needs assessment
Parent/householder
Third party authority to make enquiries
(Completed during the first contact meeting)
1.
Parenting/householder needs assessment
These questions are designed to explore and identify possible issues that could help inform
the mediation process
If you answer yes to any of the questions please give further information in the space provided
A: Do you sometimes struggle to talk to the applicant without it resulting in an argument?
Yes/No.
B: Do you feel that you lose your temper frequently with the applicant? Yes/No.
C: Do you have difficulty negotiating boundaries with the applicant? Yes/No
D: I am unsure about talking to the applicant about certain issues such as alcohol and drug
misuse? Yes/No
F: What are the main issues that you feel are affecting your relationship with the applicant?
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
G: Is there any common ground to move forward around? Yes/No
2.
Risk assessment
VIOLENCE
Do you feel at risk from any person or circumstance Yes/No?
If Yes further details
CUSTODIAL SENTENCE
Have you ever served a prison sentence? Yes/No
If yes give further details
CRIMINAL CONVICTIONS
Do you have any criminal convictions? Yes/No
If yes give further details?
UNSPENT CONVICTIONS
Do you have any unspent convictions? Yes/No
If yes give further details?
Identified risk/issues (note details of risk)
Yes
Self Injurious behavior:
Alcohol use/misuse:
Drug use/misuse
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
No
Past/present dates
Aggressive/abusive behavior:
Anti-social behavior:
Violence to family members:
Violence to the general public:
Sexual assault against children/others:
Damage to property:
Arson:
Theft:
3.
Authority to make enquiries and share information and declaration
information given is correct
I/We understand that where another agency is working with me/us (e.g. Leaving Care
Team, Social Services, Probation, Police), information may be shared regarding the
applicants housing situation and undertaking mediation to help resolve this. I accept
that this will be done on a ‘need to know’ basis and wherever possible I/We will be kept
informed.
I/We authorize any third party to disclose any information relevant to the applicant’s
housing/homelessness application and undertaking mediation to help to resolve this.
I hereby declare that the information I have given is true and correct.
Signature:
Date:
Parent/householder full name:
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1
Appendix 6
Evaluation form
Kirstine Riding, Senior Housing Officer 25th September 2013 – Draft 1