12th March 2025
The NPCC and CPS have introduced a new form intended to streamline the sharing, by multiple agencies, of information about a child suspect. The form, known as the Child Information Form (‘CIF’) replaces the previous ’10 point Looked After Children’ and the ‘First Time Entrants’ checklists and is designed to enable prosecutors to properly consider a child’s circumstances - primarily when making charging decisions - but also throughout a case. The completion of the form is now mandatory to comply with the Director’s Guidance on Charging 6th Edition.
Details
The form is comprised of 8 sections (5 of which are mandatory in all cases and 3 of which apply to certain cases) and allows for agencies and other parties (including family members, foster carers etc.) involved in the child’s life to contribute and collate information about the child, thereby ensuring that any prosecutor looking at charging decisions is fully apprised of the child’s particular background and circumstances.
The form must be filled in by the police officer or investigator when seeking authority to charge from the CPS or when the file is a police charge/Not Guilty Anticipated Plea case with certain criteria:
- The child has not previously been charged and/or
- The proposed offence is sexual and/or
- The proposed offence is punishable by 14+ years in the case of an adult and/or
- The child is Looked After, a Child in Need or a Care Leaver under 18.
New CIFs should be completed each time the above categories of children are referred for a charging decision. It is incumbent on the police to provide as much of the information as is possible at first instance, and to provide any outstanding information as soon as possible following. This means that a multi-agency approach is needed and agencies and others who are involved in the child’s life must cooperate to ensure the information is as accurate and full as possible. The police must not delegate the filling-in of the form to third parties.
It is hoped that the collation of this information at an early stage will enable prosecutors to apply the public interest element of the Full Code Test more accurately, leading to better charging decisions and supporting both the Child Centred Policing Strategy 2024 and the National Protocol on Reducing Unnecessary Criminalisation of Looked After-Children and Care Leavers.
Commentary
The introduction of the CIF is a positive step in the right direction, enabling collaboration and information sharing between parties at a much earlier stage than previously allowed for. The provision of full and accurate information about a child’s circumstances is necessary in every charging decision, as noted in the pre-amble to the form. Without it, too many cases reach court that should have either been dealt with by an out of court disposal or never charged at all. A child should never have to face court proceedings that have been wrongly initiated, with all the resultant trauma that is often caused even when a matter is later discontinued. Children whose cases proceed beyond the First Appearance (and are then reviewed) miss the opportunity for other (often more appropriate) diversion options such as community resolutions. Prosecutors must be sure that the public interest stage of the Full Code Test is met before deciding to proceed with charging any child suspect. It is hoped that the use of the form will lead to a less fragmented approach to information sharing and enable prosecutors to get it right the first time when making decisions.
It is well known that Children Looked After are over-represented in the criminal justice system and it is positive to see both the Child First Policing Strategy and the National Protocol referenced in acknowledgement of this and the fact that urgent steps must be taken to address the issue.
However, it remains to be seen whether the CIF makes any meaningful difference in this area and indeed whether the noble intention in its introduction works in practice. It is quite concerning in this Child First climate that the investigator is not required to seek information from the child’s legal representative. Similarly, there is no indication that the CIF must be disclosed to the child’s representative, despite the fact that the contents of the form will clearly impact on the outcome decision and this decision could be subject to a Judicial Review. Legal representatives are therefore urged to request a copy of this form in all relevant cases. Where appropriate, representations should be made regarding missing information and unjust decision-making practices.
Written by
Violet Smart, Doughty Street Chambers