SWIA / HMICS Review of the Management Arrangements of COLYN EVANS BY FIFE CONSTABULARY AND FIFE COUNCIL (2005)
Scottish Government update: January 2009
In December 2005, the then Scottish Executive published the SWIA, HMIC(S) joint report of the Review of the Management Arrangements of Colyn Evans by Fife Constabulary and Fife Council. The report set out a number of recommendations for Fife Council, Fife Constabulary, Service Providers in Scotland, the Scottish Executive and ACPO(S). These recommendations, justifiably, cut across services for children and adults but there is a recognition that, in order to protect the public, responses must be tailored to the individual and their stage of development to effect change and prevent further offending.
This report provides an up to date position on the action taken by the Scottish Government since the publication of the SWIA, HMIC(S) joint report in 2005, in respect of the management of offenders who present a risk of serious harm, including sex offenders.
There are only a very small number of children and young people who display sexually harmful behaviour, but the risks they pose must be managed effectively and appropriate interventions in place to change this behaviour. The management of sex offenders and young people involved in sexually harmful behaviour is complex and requires continued attention from all agencies but there are clear differences between adult sex offenders and children and young people displaying harmful sexual behaviour. To protect public safety it is vital that risks continue to be managed as circumstances change for these young people, for example, as they move out of a family home or residential placement, or between systems and agencies.
Context
The Government Economic Strategy sets out how Government will work collaboratively with the private, public and third sectors in pursuit of its overarching purpose: increasing sustainable economic growth. The Concordat between Scottish Government and local government, published on 14 November 2007, focuses the effort of the public sector on delivery of the purpose through 15 national outcomes. This commitment includes an agreement to work together as equal partners on the development of policy. Under the terms of the new relationship, Scottish Government, having set the direction of policy and overarching outcomes, will free up local authorities and their partners to deliver by reducing ring-fencing and bureaucratic burdens. Through the Single Outcome Agreements, each local authority will set its own priorities for delivery of the purpose of government.
In line with the Concordat principles, ring-fencing of funding for tackling offending by young people was abolished from April 2008, freeing up local authorities and their partners to determine how best to target resources, including those traditionally in other service areas, at this agenda. However, Government has a shared responsibility for this work: to deliver effective support - including facilitation, research and information, dissemination of best practice, and consultancy - to support delivery partners.
In June 2008, the Scottish Government published the strategy document, Preventing Offending by Young People: A Framework for Action [1]. The Framework is formally owned by the Scottish Government, the Convention of Scottish Local Authorities (COSLA), the Association of Chief Police Officers Scotland (ACPOS), Scottish Children's Reporter Administration (SCRA) and the Crown Office and Procurator Fiscal Service (COPFS), as key delivery agencies. The Framework is also endorsed by the relevant inspectorates and professional organisations: HMIE, Care Commission, SWIA, HMIC; the Association of Directors of Social Work (ADSW) and welcomed by a range of third sector organisations.
All of these partners will have a part to play in taking the Framework forward through their strategic, operational and regulatory responsibilities. Audit Scotland was also represented on the group developing the framework. Our over-arching shared commitment is to work together as national and local partners to deliver real improvements on the ground. One of the five strands of the Framework, and therefore a specific focus for the development of policy and practice, is managing high risk.
BACKGROUND
In response, to the recommendations contained within the SWIA, HMIC(S) joint report the then Scottish Executive identified the work being progressed through the Getting it right for every child programme of change in children's services and the Youth Justice Improvement Group which aimed to ensure effective delivery of youth justice services in Scotland. However, it was identified that these measures would not in themselves overcome the particular challenges for dealing with the risks presented by young people displaying sexually harmful behaviour. As a result, an Expert Group was established to draft a strategy to direct further work in this area and in particular consider:
· measures to improve the identification, risk assessment, planning for and management of young sex offenders;
· the provision of specialist programmes to address offending, both within the community and in residential settings;
· ensuring those working with young sex offenders have sufficient expertise for their work;
· the arrangements needed to ensure the continued support and oversight as young people move into the adult system;
· the arrangements needed to ensure appropriate information is transferred from the children's to the adult system;
· identifying those young people most at risk of becoming serious offenders in later life;
· all supported by robust quality assurance systems.
This strategy resulted in a number of streams of work to improve both practice and process issues. The good practice document, Getting it Right for Children and Young People who Present a Risk of Serious Harm [2], was published in May 2008. This document sets out how agencies should be working together, sharing information and assessing and reviewing circumstances in line with the planning approach being promoted through Getting it right for every child [3]. Through a multi-agency response outcomes for children and young people can be improved and risks to communities managed effectively.
ACTION TO DATE
In order to embed this work in practice the Scottish Government is sponsoring three Champions' Groups [4]: Working with children and young people with sexually harmful behaviour; significant violent behaviour and vulnerable young women. Supported by Edinburgh University's Criminal Justice Social Work Development Centre, the Champions' Groups are developing expertise on working with these groups of young people to improve their care and protection of others from concerning behaviours. The Champions' Groups held their first national conference, entitled Meeting Need and Managing Risk, to support practitioners and managers in February 2008.
This sharing of knowledge and practice skills continues through Practitioner Networks where information about the work of the Champion's Groups is disseminated at a regional level and practitioner concerns about working with these young people are shared. To date these Networks, held quarterly, have received training on the previously mentioned good practice document and on risk assessment and management with a view to raising awareness of the resources available and on improving practice. Up to 1000 practitioners will have the opportunity to attend these events by March 2009.
The Scottish Government has also funded a training of trainers course in G-Map, a programme which aims to identify the needs of young people who have demonstrated inappropriate sexual behaviours and help them control and eliminate the behaviours of concern. The specific needs of each individual are met and their progress monitored continuously via clinical observation, psychometric testing and a system of feedback links with the young person, their carer, professional workers and others where appropriate. This programme has been successfully introduced in Manchester and the approach is currently being evaluated. It is expected that the Scottish programme will be involved in this ongoing evaluation. To date, 24 practitioners, 16 of whom are now trainers have been involved in the first phase of this programme. Further training will be rolled out nationally with 300 practitioners and managers involved by March 2009.
All agencies have a part to play when young people are posing a risk to others. The good practice document sets out how agencies should be sharing information and collectively managing the risks that have been identified. Where necessary, additional guidance has been developed to ensure that, whatever the situation, agencies are aware of their responsibility. This includes housing providers [5], who have a role to play in risk management arrangements where young people are living independently, and the police, who have a duty to protect the public.
Scottish Government is also committed to working with local authorities and secure providers to ensure there is sufficient, high quality secure care for those who need it, and robust community-based alternatives for young people whose risks can be safely managed close to home.
ACPO(S)' (Association of Chief Police Officers in Scotland) strategic assessment of sex offender management has identified this area as a key policing priority to which Chief Constables should ensure that adequate resources are allocated, as part of their operational responsibilities. The Scottish Government has made substantial additional investment in building policing capacity, including £94 million to fund the direct recruitment of an additional 1,000 police officers by March 2011, and support specific retention and deployment initiatives. In April 2007 ACPO(S) endorsed a National Manual of Guidance relative to the management of registered sex offenders.
Legislative provision was made in the Management of Offenders etc (Scotland) Act 2005 to establish joint arrangements between the police, local authorities and the Scottish Prison Service to assess and manage the risk posed by sex offenders. As part of the implementation programme, the Government's guidance on the setting up of Multi-Agency Public Protection Arrangements [6] (MAPPA) from April 2006 brought a standardised approach to local arrangements.
The National Concordat which was produced by the Information Sharing Group on Sex Offending and signed by the key agencies working with sex offenders in March 2005 also represented a positive commitment to share information within a nationally agreed framework for safeguarding the safety of the public.
Resources were also a consideration for the Scottish Government in the development of the legislation and the implementation and delivery of the MAPPA model. We have worked with ACPOS, SPS and local authorities to ensure that resources and practice are developed as part of a package of measures to strengthen the arrangements for the management of sex and violent offenders in line with the introduction of MAPPA. As a result, £1.5 million was allocated to appoint 11 MAPPA coordinators, administrative support and related costs across 8 Community Justice Authority areas. This is also supported by Government's funding of the post of a National MAPPA coordinator.
Additional resources have been provided to ensure that local authority criminal justice social work have VISOR (Violent and Sex Offender Register) to assist in the running of MAPPA and the sharing of relevant information with the police. Work is currently underway to provide access to the SPS and Health Service, in respect of restricted patients. The police, SPS and local authority staff were trained in the use of RM2000 (actuarial risk assessment tool) and are currently being trained in the use of Stable and Acute (dynamic risk assessment). This will reduce the duplication of work among these agencies, provide for better working practices and provide a shared understanding of risk assessment and management. Work has also been commissioned with the RMA (Risk Management Authority) to develop a risk management framework for violent offenders who will fall within the MAPPA.
The public protection arrangements for police, social work professionals and other key agencies has been strengthened in recent years. Further improvements are in train to ensure that we are doing all that we can to protect the public.
[1]http://www.scotland.gov.uk/Publications/2008/06/17093513/0
[2]http://www.scotland.gov.uk/Publications/2008/05/16160941/0
[3]http://www.scotland.gov.uk/Topics/People/Young-People/childrensservices/girfec
[4]http://www.cjsw.ac.uk/cjsw/24.html
[5]National Accommodation Strategy For Young People Displaying Sexually Harmful Behaviour: Good Practice Working Document http://www.scotland.gov.uk/Publications/2008/12/22093927/0
[6]http://www.scotland.gov.uk/Topics/Justice/criminal/16910/mappa