Key Area 5
How good is the support we provide?
Processes - Why they are important
Processes are simply a series of activities or tasks designed to achieve specified objectives. Research into effective practice has identified clear principles which enhance the likelihood of achieving planned results. These include assessing risk and need to determine level of supervision and nature of support. Approaches to reduce risk and meet needs associated with offending should be planned and delivered as planned. Consequently there should be processes designed to monitor and review the implementation of the young person's plan and arrangements to act pro-actively when either the young person's actions or other circumstances become obstacles to the successful completion of the plan. Working with young people who present a risk of serious harm has three main purposes: 1. to meet the identified needs of the young person 2. to manage the identified risks 3. and to improve outcomes Processes required to meet these criteria include: - appropriate assessment of risk and need;
- the engagement of the young person in taking responsibility for the harm caused and on working on a plan to reduce risk and meet need;
- the resourcing and organisation of the plan;
- the supervision, monitoring and review of the plan;
- the maintenance of change through reintegration within the community;
- the management of non-compliance and crises threatening the plan
These processes should be designed on the basis of current research into young people who seriously harm others. The research used should address risk factors and criminogenic needs, patterns of offending, protective factors and desistance, effective interventions, motivation and engagement, learning styles, and methods of assuring consistency of delivery. Following directly from the conclusions of the risk assessment, risk management plans should specify arrangements: - to address the underlying risk factors and criminogenic needs as well as the young person's needs as a whole;
- to reintegrate the young person with resources which are likely to protect the individual from risk
- where appropriate to restrict the movements and activities of the young person;
- where appropriate to enable the young person to repair the harm caused.
Local multi agency planning groups should be developed in line with Getting it right for every child and should include the coordination of the management of identified individuals who pose a serious risk of harm to others. The group should adopt a system to monitor the young person's progress, to hold members accountable for their contribution to the plan and to review the original assessment and plan. |
Additional Information
Planning around the child or young person
It is expected that where agencies need to work together to identify and meet needs and manage risks, they will plan together using the Child's or Young Person's Plan. In practice this means that a plan should be in place for every child, and in particular when more than one agency is involved in meeting the child's needs or managing the risk they pose to themselves or the community.
The introduction of the Child's or Young Person's Plan means that children or young people who require a plan will only be involved in one planning process. A child or young person who poses a risk to others is likely to have complex needs therefore agencies will need to work together to ensure that all relevant information is considered and a coordinated approach to meeting the needs and managing risk is implemented.
Arrangements should be in place to ensure that an overview of the risks posed is maintained. Where the risks to a young person are assessed as high this overview should be at a senior level. This will ensure that where resources are required to implement the plan they can be agreed and allocated as necessary.
As with all planning activity, arrangements should be in place to monitor and review progress against the plan. Action should be taken if delivery is not effective in reducing the risks, or services are not being delivered as intended, for whatever reason. Wherever appropriate such action should be taken involving the young person and the family
Contingency planning is vital to ensure that, whatever the situation or changing circumstances, the overall objective of the plan can still be achieved. This may include early discussion with partners and/or service providers to secure agreement of service provision or emergency measures if required.
The Child's or Young Person's Plan should be the primary resource for inter-agency risk management planning. The plan does not substitute for action or thinking but is a helpful vehicle for recording these and for sharing information. The plan should be informed by specialist risk assessment tools where necessary. |
Multi Agency Public Protection Arrangements ( MAPPA)
Sections 10 and 11 of the Management of Offenders (Scotland) Act 2005 require the Scottish Prison Service, local authorities, Health Boards (for restricted patients) and the police as responsible authorities in the area of a local authority to jointly establish arrangements for the assessment and management of risks posed by sex offenders subject to the notification requirements of the Sexual Offences Act 2003, violent offenders convicted on indictment and subject to a probation order or supervision following release from prison and offenders whose conviction leads the responsible authorities to believe they may cause serious harm to the public.
Young people who have committed serious offences may be prosecuted through the criminal justice system 15 and therefore may be subject to the notification requirements and orders under the Sexual Offences Act 2003 16, and may well be included in the MAPPA17 arrangements developed under the Management of Offenders (Scotland) Act 2005. However, depending on the circumstances some will be dealt with through the Children's Hearing. This is a civil process where grounds of referral are accepted or established. This system is not about establishing the guilt or innocence of the child or young person and conviction is not a product of the process. The statutory duties in relation to MAPPA in the Management of Offenders (Scotland) Act 2005 do not apply to children and young people who have been dealt with only by the Hearing System. That does not mean that the risks posed by these young people should not be identified and managed. The principles of MAPPA can still apply and should be adopted as a robust risk management process.
MAPPA coordinators have been employed by each local authority criminal justice social work department on behalf of the responsible authorities. The role has been designed to facilitate the arrangements allowing the agencies involved to focus on the right people in a timely and efficient manner with the aim of delivering robust and defensible management plans that address known indicators of serious harm.
A multi agency assessment and plan will be required when the risks identified cannot be managed by a single agency and where the needs and risks are sufficiently complex or significant to require a coordination of effort. |
The key components to positive multi agency working are set out in the RMA Standards and Guidelines 18 but can be briefly summarised as:
Shared vision and clear definition of roles and boundaries
In order to ensure clarity of purpose agencies should be fully aware of the overarching objectives, the reason for their involvement in the matter and have an understanding of the functions of the partner agencies. Having a clear understanding from the outset will prevent unnecessary confusion at a later stage.
Communication and cooperation based on mutual respect
Effective communication across and between agencies is crucial for working in a multi agency partnership. A clear understanding of the roles and responsibilities of other agencies will enable decision making about when to communicate and share information.
Effective information sharing
Communication and information sharing go hand in hand. The development of protocols which support the sharing of information will provide agencies and staff with the confidence to lawfully exchanging data.
Full participation and accountability by all parties involved in the process
Agencies must maintain full involvement in the multi agency partnership and be accountable for any decisions made or actions agreed. Only through this level of involvement can trust be built and sustained which will enable further positive exchanges.
Defined decision making and coordination
Agencies must be able to come to decisions about the management of offenders and agree the action to be taken. Each partner agency must be clear about their own actions and that of the other agencies in order to deliver a coordinated risk management plan.
Principles of risk management
Extensive standards and guidelines are set by the Risk Management Authority ( RMA) 19 in Scotland who exist to enable and promote best practice in the effective assessment and management of risk posed by offenders.
The RMA identifies that, "violent and sexual offending are complex phenomena and so require individualised responses that are dynamic and derived from multi-faceted risk assessment. In turn this requires multi-layered and multi-modal risk management plans delivered through multi-agency and multi-disciplinary collaboration."
The need for information and any assessment, whilst crucial to the risk management process, does not negate the need for action. Where risks are identified, initial action should be taken to reduce the immediate risks until joint planning, where necessary, can be instigated.
Individualised assessments however are required which look at the behaviour in context, are updated in light of new and changing circumstances and regularly reviewed. Assessments lead to individual management plans which inform and guide skilled practitioners to intervene to meet the identified needs and manage risks.
Risks cannot necessarily be eliminated, but they can be reduced. Risk management should therefore be understood as risk reduction, with no situation considered as entirely risk free. Collectively, professionals should have confidence that, through defensible decision making, the measures implemented will reduce the risk sufficiently to protect the public and will help improve outcomes for children and young people. |
Information Sharing
Information sharing is a critical component of ensuring public safety. In order that this is managed effectively, it is important that clear agreements are in place covering each aspect of the information sharing process. Information sharing protocols are, in their simplest form, agreements to enable the flow of information in an efficient and legal manner. The Information Sharing Steering Group set an objective that, by April 2006, all data sharing relating to sex offenders will be managed using protocols. The Guidance, alongside the National Concordat, provides a framework within which protocols can be consistently implemented among agencies in Scotland.
Much of the law relating to data sharing exists to protect the rights of individual data subjects, but it is also clear that, where circumstances warrant, these rights can be superseded by wider concerns, primarily, public safety concerns. Sharing information is central to protecting the public and agencies have, therefore, a duty to ensure that this is carried out. The National Concordat is based on an explicit presumption that relevant data will be shared where it is appropriate and legal to do so.
The main legislation to be considered in the development of information sharing protocols includes:
- Broadly, administrative law, concerned primarily with whether or not the agency concerned has the power, express or implied, to share the information which is the subject of the protocol;
- The Human Rights Act 1998 and the European Convention on Human Rights, which provide a series of safeguards in relation to the collection, management, use and sharing of information about any individual (including sex offenders);
- Common law, which, in this context, relates particularly to the duty of confidentiality which may apply to agencies; and
- The Data Protection Act 1998, which sets in place a range of safeguards to protect individuals' rights in relation to information held about them by public agencies.
The Data Protection Act and the common law right to confidentiality are regularly misunderstood and are often used by practitioners and agencies in their reasoning for failing to share information. In the case of children where the risks being presented are great the issues of public or individual safety outweigh those of confidentiality. Many inquiries into high profile cases have criticised agencies for failing to share relevant information. None have criticised agencies for sharing too much. The development of inter agency protocols will help to ensure that data sharing takes place within a lawful and justifiable framework.
National Concordat on Sharing Information on Sex Offenders
The Information Sharing Steering Group ( ISSG), chaired by the Solicitor General for Scotland was established to implement the recommendations relating to Information Management made by the Expert Panel on Sex Offending. The membership of the ISSG included the Scottish Children's Reporter Administration, local authority education and child protection services to ensure collective understanding of the issues faced and active involvement in the required solution. Additionally the Concordat has been endorsed by Ministers and all agencies working with sex offenders including the police, prosecutors, courts, the Scottish Prison Service, social work, housing, Education Authorities and SCRA.
In November 2005, Community Justice Services Division within the Scottish Executive published and circulated the Concordat to all signatory agencies thereby providing an agreed set of principles and standards for sharing information within a nationally agreed framework. In developing the Concordat the ISSG were keen to ensure that the issues around information sharing between children's and adult services were addressed and this is reflected by the agencies who signed it.
In 2006 the Expert Group on serious and high risk offenders 20 concluded that the principles of the Concordat on Information Sharing should apply equally to children's services thus ensuring a consistent approach across children and adult services. The adoption of the National Concordat provides a structure within which both the management of, and sharing of information about sex offenders can be undertaken. It is designed to ensure smooth flows of information between key agencies in order to maximise public safety and requires all agencies involved to use agreed definitions and develop detailed information sharing protocols under which the flow of information is to be managed.
To support the Concordat, guidance 21 was issued on the preparation of the information sharing protocols necessary to meet the requirements of data sharing legislation and ECHR between agencies. This guidance is also relevant to more general multi agency information sharing arrangements and should be consulted when drawing up any local protocols.
Protocols developed under the terms of the Concordat and the associated guidance should therefore include all agencies that hold information about any person posing a threat to public safety. This would include children or young people who have either committed a sexually motivated offence or are displaying sexually harmful behaviour but are without conviction or relevant offence.
Although information sharing protocols give individuals within each organisation the security to share data, they do not in themselves provide an environment for sharing. Such an environment can only be engendered through strong strategic leadership and commitment, training and confidence. Formal decision making processes based on sound analysis will achieve that confidence therefore consistent information sharing across organisations is best supported through formalised structures.
Good Practice Examples - Falkirk/Dumfries and Galloway protocols and Gold Standard on information sharing.
The following links provide examples of good practice on information sharing.
http://www.dumgal.gov.uk/dumgal/xdocuments/23911.pdf.ashx
http://www.falkirk.gov.uk/services/housing_social_work/social_work/children_and_family_services/youth_justice/risk_assessment_young_people.pdf
http://www.confidentiality.scot.nhs.uk/publications/GoldStandardFinalNov%202004.pdf
Key area 5 What you need to have in place | Met / sources of evidence | Not met action plan in place | Implementation underway | Complete |
|---|
Multi agency risk management procedures in place. | | | | |
|---|
Young people's risks and needs are appropriately assessed. | | | | |
|---|
Young people have plans to meet all their needs and reduce risk. | | | | |
|---|
Young peoples plans are delivered as intended. | | | | |
|---|
Young peoples plans are monitored and reviewed. | | | | |
|---|
Resources are provided to meet the young persons plan. | | | | |
|---|
Young peoples non-compliance is managed based on the most up to date knowledge and good practice. | | | | |
|---|
Multi lateral information sharing protocols are in place. | | | | |
|---|
Young peoples plans are reviewed to see if outcomes have been improved. | | | | |
|---|
Practice - Why it's important
In the final analysis the effectiveness of practice depends upon the ability of staff to deliver approaches and programmes in a planned, purposeful and skilful way. This requires appropriate training in - risk assessment and management, - planning interventions,
- case management, - partnership working,
- engagement and motivation, - programme delivery
- pro-social modelling.
It also requires continuous supervision, monitoring performance, appraisal and staff development. Staff should be recognised for the quality and results of their work. There should be evidence of staff commitment to effective practice and continuous improvement. Practice should be inclusive and based upon equality and respect for people's rights and diversity. |
Additional Information
For services regulated by the Care Commission this links with the QAF themes Care and Support and Staffing and with associated national care standards.
Lead professional
A lead professional, as set out in Getting it right for every child, is central to the effective multi agency management of risk and will be needed on every occasion where a child or young person is considered to present a risk of serious harm. The lead professional will draw together the required information through the child or young person's record and plan, incorporating specialist risk assessments as necessary. Once a decision has been made about risk management arrangements, it is for the lead professional to coordinate, monitor and review these arrangements and, through liaison with the other professionals working with the child or young person, identify any changes in behaviour which would necessitate a review of the risk management arrangements. The lead professional's primary task is to make sure that all the support provided is working well, fits with involvement of other practitioners and agencies and is achieving the goals of the Child's Plan.
Multi agency planning to meet needs and reduce risks
Multi agency working is fundamental to the risk management and planning process. Positive multi agency working relies as much on formal agreements as on good working relationships between practitioners. However, it is important to ensure a consistent approach across agencies so that everyone involved in the management of an offender has a clear understanding of their role and responsibilities.
Multi agency planning arrangements must:
- address identified needs of the young person and their family
- ensure risk is properly assessed. Where it is considered appropriate risk assessment tools, approved by the Risk Management Authority 22 for use with the child's or young person's age group, should be used.
- ensure information is shared about the level of risk of harm posed;
- identify the nature of this harm, the triggers and likely circumstances occurring;
- ensure a multi agency response to the behaviour, taking account of public safety and the individual needs of the young person;
- identify necessary action, including programmes to address behaviour and contingencies, as part of a risk management plan;
- review the level of risk and risk management plan in light of changes in circumstances or behaviour.
Importantly, the risk management plan must be integrated with Child or Young Person's Plan.
The Risk Management Authority was established to ensure the effective assessment, management and minimisation of risk of serious violent and sexual offenders. As a national centre for expert advice on offender risk assessment and management cognisance should be given to published Standards and Guidelines for Risk Assessment and the Risk Assessment Tools Evaluation Directory 23.
Partners involved in multi agency planning arrangements should set out agreed protocols outlining roles, responsibilities, communication channels and information sharing in order to promote clear and consistent action for joint planning. |
Interaction with adult services
Transition planning
The Children (Scotland) Act 1995 guidance and regulations 24, identifies good practice, that is still applicable, when dealing with young people who are being managed within the Children's Hearing system and also in the adult courts. It identifies that where necessary children's and criminal justice services should be co-ordinated and agreements reached about who is the best person to complete court reports and supervise any probation order made. It may be that youth justice and criminal justice staff work together with the young person to allow a continuity of support and resources. This will also ensure critical information is shared between workers providing a greater understanding of the complexities of both systems and a smoother transition between services. Joint arrangements, where necessary, can continue until a young person reaches 18 years of age.
Therefore, supervision requirements should not be terminated simply because a young person is being dealt with in the criminal justice system. Maintaining supervision of a young person within the Children's Hearings system in these circumstances will ensure that needs and risks continue to be identified and met by children's services until appropriate planning has taken place and a suitable lead professional or case holder has been identified within adult services.
Young people who offend do not acquire instant maturity as they move into the adult system. Staff working with offenders in their late teens and early twenties should bear in mind the particular characteristics of these young people. They may have vulnerabilities, and are likely to have impulsive patterns of thinking and behaviour. Maintaining the relationship in children's services, as the young person moves from children's to adult services, is likely to result in better outcomes. This is especially important when managing the needs of young people with learning disabilities who do not have the skills and abilities to adapt to the expectation of the adult world.
Where a child or young person appears in Court, having been jointly reported to the Procurator Fiscal and Children's Reporter, it may be appropriate for the local authority social worker to share the risk management plan with the Court. This will give the Court the opportunity to understand any risk management activity to date and make informed decisions about any further arrangements required to manage the risks presented, having regard for any contingency planning. The involvement of the Court in the ongoing management of the young person will provide consistency throughout the planning process.
Looked after children
Local Authorities also have a duty to children who have been looked after by them. These are prescribed in Section 17 Children (Scotland) Act 1995 and cover areas such as safeguard and promote welfare, preparation for when no longer looked after, to promotion of appropriate personal relations and direct contact with the person who holds parental responsibilities. They also cover areas such as assessment, planning and reviewing, financial responsibilities where young people meet specific criteria and the provision of, or support in, suitable accommodation. These duties are set out in the Regulations and Guidance on Services for Young People Ceasing to be Looked After by Local Authorities 25.
It is also a duty for Local Authorities to carry out an assessment of the needs of young people leaving care 26. Materials entitled 'Pathways' 27 exist to assist Local Authorities with this duty and every young person leaving care should have a Pathways coordinator and a Pathways plan that will be incorporated into the Child's or Young Person's Plan under Getting it right for every child. The identification of needs and support required through pathway planning as a looked after young person moves out of children's services should be considered best practice for all young people who may need support as they move into adult services, from whatever circumstances.
It is important to understand and identify the needs and risks as a child or young person moves from one situation to another and ensure that appropriate planning and management of the risks takes place. This may include the involvement of additional agencies to support the young person and family as circumstances change.
Risk Management and Housing
Stable housing is often a key factor in securing positive outcomes for young people, especially those who have been assessed as posing a high risk. Where these young people require independent housing, consideration should be given to the level of support required to maintain the tenancy, but also to manage the risks posed by the young person.
The Children (Scotland) Act 1995 makes certain requirements of local authorities to ensure that the housing needs of children and young people are considered and that that housing and social work collaborate in order to achieve this. It is therefore imperative that housing providers are involved in risk management planning in order to manage risks effectively. Their contribution to the planning process will further inform and enforce the plan and ensure that the housing provider is supported in their role.
Social landlords should therefore be included in any information sharing protocols drawn up to support the sharing of data across and between agencies in the management of young people who are assessed as posing a high risk.
The National Accommodation Strategy for Sex Offenders ( NASSO) 28 was published in March 2007 and forms part of the extensive package of Scottish Government reforms to the criminal justice system, which strengthen the provisions for the management of sex offenders in Scotland. Social Landlords are expected to apply/follow the principles and practices contained in the NASSO which are supported by the Memorandum of Understanding between relevant agencies as set out in the Management of Offenders etc. (Scotland) Act 2005. This legislation also sets out the framework within which the MAPPA function and supports the relevant agencies including housing providers.
As previously stated, conviction of a relevant offence is required before an offender can be considered under arrangements set out in this legislation. However, the principles of MAPPA and the NASSO should be considered best practice and apply in respect of people who have not been convicted of an offence through Scottish courts but who pose a serious risk to the community.
In addition, a framework is being developed to assist in the management and accommodation arrangements for children and young people whose sexually harmful behaviour has been dealt with through the Children's Hearing system and are therefore not 'convicted' of an offence. This framework supports the NASSO aims of protecting children, vulnerable adults and the wider community and of reducing re-offending.
The introduction of multi agency planning, as set out in this best practice document, to meet needs, manage risks and protect the public in respect of young people who pose a serious risk of harm will ensure the needs of social landlords are considered and supported where necessary through this process.