Scottish Government

4. Roles and Responsibilities

4.1 Section 10 of the Management of Offenders etc (Scotland) Act 2005 requires the "responsible authorities" to jointly establish arrangements for the assessment and management of the risks posed by serious sexual and/or violent offenders and to cooperate with each other in the establishment and implementation of these arrangements.

4.2 The Responsible Authorities are defined by legislation and are as follows:

POLICE

4.3 The police have a duty to uphold the law by preventing crime, by preserving order and protecting life and property. The responsibilities of the police in relation to registered sex offenders are to maintain an accurate record of those persons in the police force area who are required to register with the police in terms of sex offender legislation;

• to initiate enquiries where such persons fail to comply with the requirements placed upon them;
• to participate in the multi agency process established for assessing and managing the risk presented by sex offenders or other potentially dangerous offenders in the community;
• and to develop, in conjunction with partner agencies, risk management plans for the purpose of monitoring and managing sex offenders.

4.4 On 31 March 2009, Grampian Police and Northern Constabulary managed between them, 439 registered sex offenders in the community. Day to day management is carried out by members of divisional Offender Management Units. There is also a central Sex Offender Intelligence Unit ( SOIU) or Public Protection Unit ( PPU) that receives all notifications from the Courts and other areas regarding new offenders. In addition, the SOIU/ PPU maintains an overview of registered sex offenders in the community as well as those who are in prison or abroad.

4.5 The police work closely with their Criminal Justice Social Work ( CSJW), Scottish Prison Service ( SPS) and NHS colleagues to carry out the necessary assessment and management of risk. Every effort is made to use all available methods of managing offenders in the community and both Northern Constabulary and Grampian Police have the highest ratio of Sex Offender Prevention Orders ( SOPO) and Risk of Sexual Harm Orders ( RSHO) ¹ per head of population in Scotland.

4.6 Legal Services staff, from both Local Authority and Police, routinely attend meetings and play a major role with their knowledge and expertise in both assisting the Police in all legal matters, applying to the courts for the aforementioned orders and briefing the Councils' Chief Executives on all contentious issues. They engage with MAPPA in assisting in the review of SOPO conditions where necessary.

4.7 To effectively manage registered sex offenders, officers must have a detailed knowledge of the offenders offending history and have access to information relating to their current lifestyle. This is an ongoing process and regular assessments are made to identify any intelligence gaps. The following illustrates the toolkit available to police officers for the gathering of information:

• Internal and national databases monitored to identify incidents involving the offender
• Any vehicles owned or used by the offender placed on ANPR²
• Police National Computer audit transaction enquiries in relation to the offender and any vehicles
• Briefings used to ensure divisional staff are aware of offenders in their area.
• Directed Surveillance
• Telecommunications enquiries
• Unannounced visits to the offender's home or any other address registered by them
• Regular contact with the CJSW Department, whether the offender is currently involved with them or not; SPS and other agencies

CRIMINAL JUSTICE SOCIAL WORK ( CJSW)

4.8 Local authorities provide a range of social work and social care services, including the provision of services for adult offenders. The core CJSW functions are the provision of reports to the court and Parole Board and supervision of Probation, Community Service, Drug Treatment and Testing Orders, Structured Deferred Sentences and Supervised Attendance Orders. CJSW is also responsible for the supervision of post-custodial licences, including some sex offenders sentenced to short term sentences of between 6 months and 4 years. All local authorities also provide a Throughcare Addictions Service ( TAS) which is voluntary for short-term prisoners, and all persons leaving custody are entitled to apply for voluntary aftercare up to 12 months after leaving custody.

4.9 National Objectives and Standards for Social Work Services in the Criminal Justice System stipulate that reports to Court or the Parole Board should include a risk assessment. Any action plan for an offender subject to probation or licence supervision, should include a risk management plan aimed at reducing the risk of re-offending or of serious harm. Supervision of these licences is informed by the risk management plan.

Conditions may include:

• Living in accommodation approved by their social worker
• Participating in structured treatment programmes
• Co-operating with substance misuse services
• Having no contact with children under the age of 17

4.10 The Irving Report ( "Registering the Risk: Review of Notification Requirements, Risk Assessment and Risk Management of Sex Offenders", Professor George L. Irving, July 2005) recommended that when risk assessment was undertaken in respect of a sex offender, the assessment should be completed jointly with the police. The police should also be notified of any change to the risk assessment and at the end of supervision a further joint risk assessment should be undertaken. This is evidenced locally in the high levels of joint working between CJSW and the police.

4.11 Local Authorities also employ Criminal Justice Social Workers in prison-based social work units. These individuals are responsible for completing risk assessments on behalf of the Scottish Prison Service prior to an offender's release from custody. SPS also contribute to these assessments.

SOLO (SEX OFFENDER LIAISON OFFICER)

4.12 SOLO's have been appointed in all the Northern CJA areas giving strong links between Local Authority housing staff internally, housing providers and the MAPPA process.

4.13 Links have been developed with Registered Social Landlords ( RSL's) in order to increase the options available for seeking manageable accommodation for offenders.

4.14 The risk assessment of specific properties is co-ordinated by the SOLO through obtaining specific details of the communities from local housing staff. The decision on whether a property is suitable for an individual offender is made jointly by CJSW and the Police, although SOLO information contributes to this assessment significantly.

4.15 The SOLO co-ordinates any reports of concerning issues relating to offenders in social housing between relevant housing staff and the responsible authorities. Housing staff have attended sessions giving an overview of the National Accommodation Strategy for Sex Offenders ( NASSO) provided through The Chartered Institute of Housing; this was also offered to housing association staff and to staff in the other agencies involved in the MAPPA process. These sessions were well attended and the feedback was very positive.

4.16 A draft Information Sharing Protocol ( ISP) between the local authority and the housing associations has been developed and circulated for comment. It is expected to be approved and signed in the near future. Multi agency training has been proposed to coincide with the signing of the ISP as this will provide an opportunity for local staff in the responsible authorities and duty to cooperate agencies to meet and learn about the arrangements in their own area.

4.17 The SOLO's participate in the SOLO Forum for the Northern Area and feeds information on the progress made in the Northern CJA area to this group and through this forum contributed to the Scottish Government's summary paper in relation to the NASSO Review.

SCOTTISH PRISON SERVICE

4.18 For all prisoners, the Scottish Prison Service is responsible for carrying out risk and needs assessments to assist in determining the management of the prisoner during sentence and in preparation for pre-release planning and release. SPS works in conjunction with the offender's supervising officer from CJSW throughout this period; this is referred to as Integrated Case Management ( ICM).

4.19 A key objective of ICM is to ensure that, along with police and CJSW, SPS meets statutory requirements to establish joint arrangements for assessing and managing the risk posed by sex offenders, including the sharing of information.

4.20 As part of ICM, multi-agency case conferences are held with the offender prior to release. Based on a risk assessment and the risk management plan formulated by these agencies, a notification and/or referral will be sent to the MAPPA co-ordinator. Thus SPS contributes to the early identification of offenders subject to MAPPA. SPS has also prioritised the completion of risk assessments for those offenders assessed as requiring level 3 management. Within the next year all Sex Offenders being released from prison will have been assessed using Stable and Acute 2007 ³. Representatives from SPS, including Prison Based Social Work and Psychology would regularly attend MAPPA meetings.

4.21 In some criminal cases, victims have a right to receive information about the release of a prisoner. They also have a right to be told when the prisoner is being considered for parole and to make written representations (written comments) about his/her release to the Parole Board for Scotland. This is known as the Victim Notification Scheme ( VNS). www.scotland.gov.uk/Publications/2004/11/20186

NHS

4.23 Child Protection Advisors ( CPA) from NHS Highland have attended over 95% of case discussions during this period, as well as others attended by Consultant Psychiatrist and psychologist. Within Grampian, relevant Health staff attend particular meetings where they have an active contribution to make. Forensic Psychiatry and Psychology staff have made a particularly valuable contribution.

4.24 GPs, Heath Visitors, and Community Psychiatric Nurses working with offenders also regularly contribute to the MAPPA process, either directly though participation in review meetings or from being involved in the transfer of relevant information. In addition, where relevant to manage risks, the acute NHS sector has also contributed to MAPPA arrangements.

4.25 The NHS within Northern CJA is fully committed to continue collaboratively working with partner agencies, to further review and develop local MAPPA.

4.26 Within NHS Highland the attendance of CPAs has become the norm, their expertise within case discussions is valued by the partner agencies; and while there may not always be CPA actions, their input, when considering the health needs of the offender, remains on the agenda. Their contribution to risk assessment ensures the child protection issues are kept in focus.

4.27 To this end, both NHS Grampian and NHS Highland have been represented over the last year on their independent MAPPA Management/Operational Group in their respective area of the Northern CJA. The representation has been at Health Board level, NHS managerial level as well as at the level of NHS Clinicians

4.28 Funding for the forensic psychologist post within NHS Highland has been withdrawn. This was unfortunate as the role was a significant resource in both identifying imminent risk and providing key guidance and direction for some high-risk offender's risk management plans. Currently the Scottish Government are reviewing the provision of forensic psychologists throughout Scotland

MAPPA for Restricted Patients

4.29 Restricted patients are persons detained in hospital under a hospital order with a restriction order. They have usually committed an offence punishable by imprisonment but as a result of mental disorder are not imprisoned but ordered to be detained in hospital for treatment, without limit of time. They are managed by a programme of treatment and rehabilitation - the aim being to prevent recurrence of offending by dealing with the mental disorder.

4.29 The Mental Health Services in general and particularly the Forensic Services in NHS Highland and Grampian have continued to enjoy the mutual benefits of working within the MAPPA framework. When working with patients with severe and enduring mental illness, a mutually cooperative working atmosphere in sharing of information has improved and facilitated patient care.

4.30 Within Grampian, Restricted patients are managed using the same process as Registered Sex Offenders NHS Forensic Clinical psychology has contributed to the management of high risk offenders in the areas of risk assessment and risk management. Clinical psychologists are qualified in the use of a wide range of assessment tools which can lead to specialist treatment where appropriate.

4.31 Within Highland, MAPPA review meetings are an amalgamation of the enhanced Care Programme Approach process that all these patients are currently subject to. This facility with greater sharing of information and informs and greatly enhances the Risk Assessment process to the benefit of both the patient and the public at large. In the future NHS Highland & Grampian hope to continue with close informal and formal working relationships that have developed between the Health Service and those involved in the MAPPA process and to be involved in future developments in areas covered by MAPPA.

Further detailed information can be found at: www.scotland.gov.uk/topics/health/health/mental-health/restrictedpatients

DUTY TO COOPERATE

4.32 All agencies involved with MAPPA and party to the Memorandum of Understanding are committed to:

• Sharing relevant information and the development of good practice in relation to the assessment and management of MAPPA offenders across the Northern CJA.
• The effective use of resources to manage those offenders.
• Cooperating in order to sustain public confidence in MAPPA.

The purpose of the memorandum is to enable the practicalities of Cooperation to be agreed locally.

4.33 The Responsible Authorities are fully aware that there are many challenges ahead and this area of work is increasingly expanding. Key to meeting and maintaining these challenges are our good working links and relationships with our "duty to cooperate" agencies.

4.34 As the effectiveness of public protection often depends on more than just a criminal justice response, a duty to cooperate is embedded within the legislation. Without co-operation, collision occurs, leaving agencies unintentionally frustrated or compromised, sometimes with dangerous consequences. For example if a housing provider has been given no knowledge of the offences of a sex offender they may unknowingly place an offender in accommodation in an area where families live, thus potentially increasing the risk.

4.35 Sections 10(3) and (4) of the Act stipulate that in establishing and implementing the joint arrangements, the Responsible Authorities MUST act co-operatively with the Duty to Cooperate Agencies, who are specified by the Scottish Parliament.

4.36 A variety of agencies fall into the category of duty to cooperate. These include housing providers, the electronic monitoring company SERCO and any organisation providing services in respect of risk management on behalf of a local authority. The responsible authorities also have a responsibility to cooperate with each other. This means that local authority services such as Children and Families Social Work, Housing Departments and Education authorities must cooperate where appropriate to fulfil the corporate duty of the local authority.

4.37 Cooperation specifically includes the duty to share information, although the duty is not limited to this. MAPPA require agencies to fulfil their own remit whilst working co-operatively with other agencies.