National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare
ANNEX E EXTRACT FROM COMMUNITY THROUGH COOPERATION
CHAPTER 8: THE MANAGEMENT OF INFORMATION
This extract relates to the footnote to paragraph 312 of these standards.
8.1Records - Ownership, Confidentiality and Disclosure
8.1.1Prison social work records are the property of the Secretary of State and therefore do not fall within the terms of the Access to Personal Files Act 1987 or Central Government's Code on Confidentiality of Social Work Records (1989). The Secretary of State has decided, however, that practice and procedures relating to prison-based social work records will reflect as closely as possible the policies and procedures relating to social work records held and maintained for social work functions as defined in the Social Work (Scotland) Act 1968. He has, therefore, decided that prisoners should have access to their prison-based social work records subject to the standard restrictions imposed by the 1987 Act. No prisoner shall be given access to information which affects, or may affect the security, good order and discipline within an establishment. Any record or part of a record disclosed to a prisoner must not contain information about any other prisoner, member of staff, or other aspect of prison life. No information should be released without the joint approval of the social work unit manager and the governor. The possibility that a prisoner may be upset by the contents of the record is not sufficient reason to refuse access.. Preparation of individuals for disclosure is addressed in the guidance to the 1987 Act. These arrangements do not apply at present to prison social work reports prepared for the Parole Board (for the purpose of reviewing an inmate's suitability for release on parole or life licence) However it is good social work practice to discuss the contents of such reports with the prisoner.
8.1.2Although prison-based social work records belong to the Secretary of State, they will be subject to joint control by Prisons Group and local authority social work departments in accordance with the principles outlined at paragraph 8.1.1 above. Agreed local arrangements for dealing with issues of access and confidentiality or disputes concerning the operation of arrangements should be submitted to Prisons Group and SWSG for approval. Prison-based staff will need time to participate in local authority training on issues related to access. In recognition of this, the Secretary of State has decided that this arrangement for prison social work records will be implemented from a date to be agreed.
8.1.3In general all personal information held on social work records will be confidential, unless exceptional circumstances apply. It is intended that central government's guidance, as detailed in the Code on Confidentiality of Social Work Records (SWSG Circular SW 1/1989), should apply to personal information held in prison-based social work records where such an application is not inconsistent with the requirements of security and control and collaborative working practices. Staff should refer to the Code on Confidentiality for more detailed guidance.
8.1.4Corporate involvement places a clear responsibility on social work staff, as part of their contribution to the management of the establishment, to share with prison management information they may obtain about potential or actual disorder within an establishment. This should not be seen to prejudice the confidentiality of any work with an individual which may focus on illicit behaviour whilst in prison, for example drug use. Social work staff do, however, have a responsibility to share with prison management any information they may obtain about organised illicit or criminal activities in prison; for example, about entry routes of drugs into an establishment, distribution networks, or associated "protection rackets". Prison-based social workers must ensure that prisoners with whom they are working are aware of this responsibility.
8 1.5It is essential that social workers in prisons must, as a matter of urgency, inform appropriate prison staff and managers if they have any reason to believe that a prisoner may be at risk of either deliberate self-injury or injury by others
8.2Record-Keeping Transfer and Storage
8.2.1Social work units must keep a case record of all work undertaken with a prisoner and his/her family. The standards of good practice in record keeping are equally applicable in all social work settings. The essential characteristics of good practice in record-keeping are that records should be
a.brief
b.relevant and accurate
c.up to date
d.readable
e.constructed to allow for easy retrieval of information, and to take account of recent legislation
fclear about goals and about progress towards these.
8.2.2Onward Transmission of Records
A variety of practices have been adopted in respect of the onward transmission of prison social work records when inmates are transferred to another establishment. In order to assist with the provision of continuity of service, the full social work record, including a transfer summary which indicates work carried out and work still to be undertaken, should be transferred to the social work unit in the receiving establishment, within one week of the prisoner's transfer. The regular inter-establishment van service provides a secure and confidential system for the rapid transfer of records. Transfer summaries should also be used to allow for the transmission of relevant information about prisoners due for conditional release to those responsible for their supervision on release, and also in cases of voluntary aftercare.
8.2.3Storage of Records
Prison social work records are to be stored centrally at Prisons Group HQ within 12 months of a prisoner's release from custody. It is the intention that rapid retrieval system will be devised by SHHD to facilitate effective working. Local conditions, such as available storage space, prisoner turnover etc, will dictate the length of time that records are stored locally during the 12 months timescale suggested above. Access to information thus stored (for any reason other than the further reception into custody of a former client) will be authorised only after consultations between Scottish Office officials and the relevant Director(s) of Social Work, which will be informed by central government's guidance in the code on confidentiality