National Objectives for Social Work Services in the Criminal Justice System: Standards - Supervised Attendance Orders
CHAPTER 2 : ACTIVITIES FOR OFFENDERS
General
2.1Offenders should undertake activity which is constructive. The punitive element in the Order is contained in the time which offenders must devote to supervised attendance activity, in the essential disciplines of regular attendance, prompt time-keeping and satisfactory performance and in the prompt application of enforcement procedures for non-compliance.
2.2Each SAO Scheme should provide a range of activities and be able to cater for offenders with particular needs and requirements.
2.3Each SAO Scheme should provide activities at times which can accommodate offenders with inescapable commitments relating the paid employment, religious affiliation, education and domestic circumstances.
2.4Where are SAO Scheme provides unpaid work as one of its activities, work placements must not be used which may deprive others of paid employment.
2.5Health and safety and insurance provisions as they apply to SAO Schemes are contained in Annex 3.
Organisational Arrangements for Providing Activities
2.6Local authorities may provide and manage activities themselves or contract with another agency or agencies to provide them. Where a local authority contracts with one agency to provide all the required activities the contract should be in the form of a service level agreement and local authorities should make sure that the agency fulfils its contractual obligations. The agency may in turn approach other organisations to provide elements of the programme of activities which it organises. The responsibilities outlined below apply both to local authorities and to any agency contracted to provide and manage a programme of activities.
2.7The circular SWSG 9/1989 "Protection of Children: disclosure of Criminal Convictions of those with Access to Children: Local Authorities", required local authorities to check previous convictions with the Scottish Criminal Record Office in respect of those applying to social work departments for a position, paid or unpaid, which will give them access to children. Prior to placing any offender subject to an SAO in a placement likely to involve "substantial access" to children, local authorities must comply with the procedures and guidance set out in circular SWSG 9/1989.
2.8If an offender is registered under the Sex Offenders Act 1997 the SAO Scheme will require to share this information on a "need to know" basis with other local authority departments and where applicable the Contract Manager.
Management Responsibility Towards Agencies Providing Activities
2.9Local authorities and any agency contracted to provide a programme of activities should be clear about their obligations to other agencies providing activities. In particular they should:
2.9.1explain the purpose and nature of an SAO and the requirements they place on offenders;
2.9.2take account of the views of the agency about which offenders are most suited to undertake the activity and, after full discussion, agree any restrictions or special requirements.;
2.9.3where full information about an offender's criminal record is not available, ensure, as far as possible, that the offender does not undertake any activity which could place members of the public at risk;
2.9.4where this information is available, specify how and in what circumstances it should be used;
2.9.5clarify expectations for the performance of offenders placed on an SAO; these should conform to National Standards;
2.9.6outline the nature and extend of the assistance which the organisation will expect from the Supervising Officer or contract manager;
2.9.7follow-up rapidly any problems which arise relating to attendance, behaviour or performance at the request of the agency or where concerns are expressed by another party;
2.9.8be responsible for all formal measures to enforce the order including initiating court proceedings;
2.9.9avoid where possible the attendance at court of staff from agencies offering activities, where breach procedures are initiated.
The Responsibilities of Agencies Providing Activities for SAO Schemes
2.10All agencies providing activities for offenders including any agency with whom a local authority contracts to provide a full programme of activities should:
2.10.1Say how the organisation will deal with any information about the offender's offending history and current offence which the Supervising Officer (or anyone else acting on his or her behalf) provides. Information must be shared with staff or volunteers only where it is necessary in order to assess and manage any possible risk:
2.10.2Satisfy the Supervising Officer that any personal information will be shared with other staff or volunteer on a strict "need to know" basis;
2.10.3As far as possible treat offenders in the same way as they would treat other members of staff of volunteers;
2.10.4Make sure the offender is fully occupied during the agreed time;
2.10.5Make sure that the following procedures are adopted in order to comply with National Standards;
aall absences and significant misconduct must be reported to the Supervising Officer without delay. This may done either directly or via the agency contracted to provide the activity;
bcomplete and return to the Supervising Officer a sheet detailing hours of attendance. This sheet must include times of arrival and departure, the hours credited, the activities undertaken and a comment on performance. All absences and significant misconduct must be noted. Each sheet must be signed by the person responsible for overseeing the activity and shown to and wherever possible signed by the offender. This may be done either directly or via the agency contracted to provide the activity;
cobserve all health and safety regulations;
drefuse any requests for loans from the offender.
The Availability of Activities
2.11Each scheme should make available, so far as practicable:
2.11.1A range of activities;
2.11.2Activities throughout the week, including evenings and weekends;
2.11.3Activities throughout the area covered by the scheme.
2.12This provision should seek to:
2.12.1Maximise the range and number of offenders with whom the scheme can deal;
2.12.2Enable Supervising Officers to maximise the benefit offenders can gain from the order;
2.12.3Harness the potential of local organisations to provide activities and to be involved in carrying them through.
Assessing Programmes of Activity
2.13Each activity should be assessed to establish:
2.13.1What, if any, skills are required;
2.13.2The extent of the oversight needed and what is available
2.13.3Whether the nature of the activity or the extent of oversight available may exclude certain offenders because of the nature of their current offence or previous offending;
2.13.4The times the activities are available and what continuity can be expected;
2.13.5Any extraneous factors which could make the activity difficult to complete, e.g. bad weather, health hazards, etc;
2.13.6Whether the activity can cater for offenders with particular needs and requirements
The Nature of the Activities to be Provided
2.14Undertaking activities places stringent demands on offenders to sacrifice their time and to meet high standards of behaviour and participation. Offenders are more likely to benefit from activities if they can see their value and if they are given encouragement and support in carrying them out.
Types of Activity
2.15Activities may be categorised under 3 headings:
2.15.1activities of an educational nature, broadly relevant to the offender's personal and social circumstances;
2.15.2activities designed to stimulate interest and encourage the constructive use of time;
2.15.3activities involving unpaid work for the community.
Educational Activities
2.16There are 4 main types of educational activity:
2.16.1Activities relevant to the financial circumstances of the offender, including relevant issues which may contribute to not paying fines. Examples could include debt awareness; money management/budgeting; welfare rights;
2.16.2Activities related to developing life skills and solving problems. Examples include orientation and attitude to work alcohol education; education related to drugs/solvent abuse; health education including nutrition; first aid, life saving; health and safety (home and work); road safety; parenting skills; practical skills for life (DIY).
2.16.3Activities which challenge anti-social attitudes and assumptions. Examples include attitudes to authority, including the police; acting responsibly.
2.16.4Activities designed to stimulate and encourage the constructive use of time. These could include consideration of environmental issues or the development of skills which may improve employment prospects and the constructive use of free time.
Work Activities
2.17Work should be of a constructive nature. It may involve group and individual assignments. Examples of possible work include painting and decorating, gardening and work with the elderly or disabled. While the work and sources for placements may be similar or related to the Community Service Work Programme, those offenders of an SAO Scheme, must be treated as a separate group.
Organising and Prioritising Activities
2.18Schemes must be able to cater for orders of varying length (10-100 hours). Where a high volume of orders is expected, it will make sense to organise activities in units of modules of approximately 2½ hours delivered as a "rolling programme" enabling rapid access when the court makes an order.
2.19Each scheme should make a range of activities available. They should seek to make use of local resources wherever possible, including community groups, voluntary organisations and other local authority departments.
Priorities
2.20Since most offenders undertaking SAOs have defaulted on or been unable to pay fines, there should be a core induction module for all offenders undertaking a SAO for the first time. The module should include a component on debt awareness/financial management. Other components should focus on life and work skills.
2.12Apart from this requirement, and within the constraints of demand and resources, schemes may decide for themselves the balance of activities in individual cases. Matters to be taken into account should focus on life and work skills.
2.21.1any relevant information which is available about the offender and his or her personal and social circumstances;
2.21.2any concerns about the risks which the offender could pose if allocated to particular agency or activity;
2.21.3any previous experience which the offender has had of supervised attendance orders;
2.21.4the availability of activities generally.