Justice Services Update
North Ayrshire Council · 13 June 2024
Back to Integration Joint Board — 13 June 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Integration Joint Board 13 June 2024 Subject : Justice Services Purpose : The purpose of this paper is to update the IJB on the work of North Ayrshire and pan Ayrshire Justice Services. Recommendation : The Integration Joint Board are asked to note the content of the report and support the ongoing developments in Justice Services Direction Required to Council, Health Board or Both Direction to :- 1. No Direction Required √ 2. North Ayrshire Council 3. NHS Ayrshire & Arran 4. North Ayrshire Council and NHS Ayrshire & Arran Glossary of Terms NHS AA NHS Ayrshire and Arran HSCP Health and Social Care Partnership RSO Registered Sex Offender MAD Making a Difference SDS Structured Deferred Sentence CJAP Community Justice Ayrshire Partnership PDT Partnership Delivery Team MFMC Moving Forward Making Changes MF2C Moving Forward to Change SAPOR Scottish Advisory Panel for Offender Rehabilitation DTTO Drug Testing and Treatment MAPPA Multi Agency Public Protection Arrangements CPO Community Payback order LOIP Local Outcome Improvement Plan DIAC Community Reintegration Delivery Group RDW Recovery Development Worker 1. EXECUTIVE SUMMARY 1.1 North Ayrshire Justice Services consists of three Locality Social Work Teams, a Court Social Work Team, and an Unpaid Work Team. 1.2 The Locality Teams have developed in recent years to include a focus on service user engagement with the introduction of Making a Difference Group (MAD) and a move to employ a staff member with lived experience to support those in recovery.
Page 2
1.3 There are further plans to recruit a Desistence Officer and Housing Support Worker to further develop both our service user engagement work and our whole systems approach to reducing reoffending. 1.4 The Unpaid Work Team have recently assumed the responsibility of three early intervention services, namely Structured Deferred Sentence (SDS), Bail Supervision and Diversion from Prosecution. 1.5 These services have historically been delivered on a pan Ayrshire basis and are now delivered locally in each of the Ayrshire’s. This development will maximise our resources and staff skill base in the delivery of Unpaid Paid Work and early intervention to support services users through their Court Orders and ultimately work towards reducing reoffending. 1.6 North Ayrshire host Pan Ayrshire Justice Services which include the Community Justice Ayrshire Parentship (CJAP) and specialist services that are delivered by the Partnership Delivery Team (PDT). 1.6 North Ayrshire also host the Multi Agency Public Protection Arrangements (MAPPA) for South West Scotland which covers North, South and East Ayrshire, alongside Dumfries and Galloway. 2. BACKGROUND 2.1 North Ayrshire Justice Locality Teams There are three fieldwork teams within North Ayrshire Justice Services. The role of the fieldwork teams includes the monitoring, supervision and support of adults involved in the Justice System. This includes the preparation of reports for Court and the Parole Board, the management of statutory orders and supervision of complex cases including MAPPA and high-risk violent individuals. In addition, the fieldwork teams undertake duty as part of the Social Work Court Team at Kilmarnock Sheriff Court. The locality/fieldwork team in partnership with service users have developed the service-user led Making a Difference group (MAD). The MAD group provides service users with the opportunity to contribute to areas such as service design ensuring that our Justice service is responsive to their needs. The MAD group also gives service users a voice and supports them to develop their skills and confidence in playing an active role in their community and taking on a measure of responsibility that can assist in their journey away from crime.
Page 3
This group are currently involved in a range of prosocial activities including walking and wellbeing challenges, they continue to develop their cooking challenges and are in the process of producing their third cookbook. North Ayrshire Housing Services are working in partnership with Justice Services to support service users released from prison to sustain their tenancy through the implementation of their Rapid Rehousing Transition and have identified funding to employ a social work assistant for 23 months. This new post will enable the delivery of a bespoke service to prevent homelessness/repeat homelessness, re-incarceration within prison, reduce isolation and promote sustained engagement with services. Connections have been established with KA leisure who are providing discounted memberships to service users open to Justice Services. The benefits of exercise for both physical and mental health are well established and as such, this opportunity has had a positive impact for service users accessing these facilities. The service is also in the process of recruiting a Recovery Development Worker funded by the Alcohol and Drug Partnership. This role will be extremely beneficial from a grassroots level in supporting service users who experience addiction to assist them in their recovery journey and promote empowerment through assertive outreach. This service which will run initially for 23 months will incorporate a Public Health approach to Community Justice and help to consolidate ‘recovery’ learning within Justice Services. Justice Services are also in the process of recruiting a Desistence Officer who will support the service user engagement agenda and the work of the Making a Difference Group. This role will focus on individualising support for change, building and sustaining hope, recognising, and developing people's strengths, respecting, and fostering agency (or self-determination), working with and through relationships (both personal and professional), developing social as well as human capital. 2.2 North Ayrshire Unpaid Work Unpaid Work is the requirement of a Community Payback Order (CPO) issued by Court as a community-based sentence. This can be either a stand-alone requirement or as part of multiple requirements to compliment the criminogenic needs of service users. Unpaid work is sentenced within the hours that a service user requires to “Pay Back” to the community for crimes committed. The hours vary and can be anywhere between 20 and 300 hours of reparation to be undertaken in the local community of where the service user resides. The hours are supervised and structured to ensure paid employment is not taken away from the local area. Over the past year there was a total of 490 CPO’s imposed, which runs parallel to last year’s figures. The numbers for Unpaid Work decreased significantly during covid
Page 4
however numbers are rising again and with a total of 329 Unpaid Work orders during 2023-2024, we have almost returned to pre covid levels. To support these numbers and to progress service users through their orders timeously, the service has up to five teams out 7 days a week with spaces for up to twenty-five service users who are working on a range of community projects. These projects include litter picking, grass cutting/ground works, indoor and outdoor painting, woodwork, work within schools in relation to woodwork and gardening projects. The Unpaid Work Team also have an Income Generation programme where they make garden furniture for low costs, these are on sale to public. Any income from this is donated to local charities. There are three services which previously operated on a pan Ayrshire basis however as of April this year they are now delivered locally and are now located within the Unpaid Work Team as part of an early intervention approach to reducing offending behaviour. These services are :- • Bail Supervision, • Structured Deferred Sentence (SDS) and • Diversion from Prosecution. Bail Supervision Bail Supervision was established within Courts in Ayrshire several years ago to reduce the number of individuals remanded in custody whilst also keeping public protection at the forefront. Bail supervision is intended to provide a robust and credible alternative to remand where individuals are assessed as needing a level of supervision and support to meet their bail conditions. Although this service has historically been widely utilised, numbers have increased significantly following the introduction of Electronic Monitoring of Bail following adoption of the Bail and Release from Custody Bill (2023), which stipulates that apart from in the most serious of cases where people can pose a risk to public safety or the delivery of justice in a case, remand is a last resort for the Court. Bail supervision assessments are undertaken at Court by Justice Social Work staff and if considered suitable, an action plan based on need is devised to ensure that whilst being supervised in the community, service users are supported to begin to explore and address their issues. The table below illustrates the increase in demand for Bail Supervision assessments.
Page 5
Structured Deferred Sentences (SDS) Structured Deferred Sentences (SDS) offers a credible and effective community alternative to a short period of imprisonment and allows for early intervention via a short period of structured support and focused work (normally between 3 to 6 months) delivered by Justice Social Work and/or multi-agency partners. The aim of this work is to address immediate and underlying welfare and criminogenic needs, to build motivation and capacity for change, to help prevent individuals become further drawn into the justice system, as well as addressing the underlying causes of offending and contribute to safer and fairer communities for all. Despite a slight decrease last year, the chart below highlights an overall increase over the past 2 years from pre pandemic levels in the use of SDS as a community alternative. Diversion from Prosecution The Diversion from Prosecution Scheme was introduced to enable the Procurator Fiscal to divert service users to social work and other service agencies to be dealt with outside the Court system, where it is considered not to be in the public interest to prosecute. The aims of the service are to provide a disposal which, due to the personal circumstances of the accused is more satisfactory on humanitarian grounds than prosecution, and through early intervention out with the Court, to offer a more effective means to prevent the reoccurrence of the alleged offending behaviour.
Page 6
Following a positive assessment of an alleged offender’s suitability for diversion there would normally be a 3-month period of intervention. The chart below illustrates a year- on-year increase in the Diversion from Prosecution scheme. With all these services now being delivered locally and the re-location of pan Ayrshire staff to the Unpaid Work team, all Justice Officers across these combined service areas will be trained in these interventions to maximise their skill base, expand their expertise thus ensuring that we have a larger pool of staff able to cover the increase in demand for early intervention and community alternatives. 2.3 Employability Mentors It is recognised that service users within Justice face multiple barriers to gaining employment and to address this, the service have two employability mentors that are located within the Unpaid Work Service. These posts are funded through North Ayrshire Council Employability Services and offer support and guidance to Justice service users who have picked up a criminal conviction within the last 5 years. This service can offer tailored support including training courses, educational opportunities, and volunteering experience to assist service users into longer term training or employment. 2.4 Partnership Delivery Team Pan Ayrshire Justice Services are delivered by the Partnership Delivery Team (PDT) and hosted by North Ayrshire. The Partnership Delivery Team provides three distinct and specialist services across the three Ayrshires. These services are :- • Caledonian System, • Moving Forward Making Changes (MFMC) and • Drug Testing and Treatment Orders (DTTO).
Page 7
Caledonian System The Caledonian System is an accredited programme for medium to high-risk male perpetrators of domestic abuse, which is imposed as a Programme Requirement of a CPO. The Caledonian System consists of a Men’s Group Work programme, a Children’s Service, and a Women’s Service. There continues to be a significant demand for the Caledonian programme with the numbers of referrals increasing year on year since 2020. There are 130 men currently on orders across Ayrshire, with three groups running every week and all are at full capacity. We have a waiting list for this service. The chart illustrates an ongoing high demand for Caledonian Men’s Programme with numbers increasing year on year, however this is well managed. The chart shows the new disposals made by courts each year not the total number of men involved in group work. The Caledonian Programme runs for 2 years. The Caledonian Oversight Group, which governs Caledonian is currently considering alternative models for Caledonian delivery to maximise efficiency of available resources. Moreover, changes are proposed to the data set for Caledonian as there is a national consensus of this being too onerous, therefore discussions are ongoing on how to reduce and streamline this. Moving Forward Making Changes (MFMC) MFMC is a programme for the treatment of adult male sexual offenders. Demand for the programme has remained steady with 70 men on the programme across Ayrshire, three groups are delivered weekly, and all groups are currently at full capacity. 31 26 27 15 24 17 2418 26 7 17 24 27 32 11 14 23 15 25 19 27 0 20 40 2017 - 2018 2018 - 2019 2019 - 2020 2020 - 2021 2021 - 2022 2022 - 2023 2023 - 2024 Men's Caledonian Referrals Per LA (2017 to 2024) NAC EAC SAC
Page 8
The chart illustrates an ongoing high demand for MFMC which has now exceeded pre-covid levels. As with the Caledonian, the chart illustrates disposals made year on year and not the total number of males involved. MFMC programme takes 3 years to complete. MFMC is currently under re-development by the Scottish Advisory Panel for Offender Rehabilitation (SAPOR), but the current programme will continue to be delivered in local authorities and prisons until the new programme, Moving Forward 2 Change, (MF2C) is ready to be used. Responsibility for the completion of MFMC is shared between the Justice locality fieldwork team, and the PDT. There are advantages to having the groupwork delivered on a pan Ayrshire basis given the numbers held by each locality would not merit running a local group, as well as the extensive expertise built up by the MFMC facilitators in contributing to the overall management of sex offenders in the community. The MFMC pilot projects were completed at the end of 2023 and a national roll out is now underway with a national training schedule in place with training for Ayrshire currently planned for November 2025. The new programme reflects the latest research on desistance with sex offenders and incorporates trauma informed principles. The new programme involves the group work team supporting the delivery of the individual sessions before the man moves onto group work. Drug Treatment and Testing Orders (DTTO) Drug Treatment and Testing Orders (DTTO) have been established at Ayr and Kilmarnock Sheriff Courts since 2004 to address the link between drug use and offending behaviour, specifically to reduce or eliminate an offender’s dependency or propensity to misuse drugs and achieve positive changes in the scale and frequency of drug related offending. 7 13 4 4 8 4 7 22 16 16 7 7 10 1412 11 12 6 13 7 13 0 10 20 30 2017 - 2018 2018 - 2019 2019 - 2020 2020 - 2021 2021 - 2022 2022 - 2023 2023 - 2024 MFMC Referrals Per LA (2017 to 2024) NAC EAC SAC
Page 9
DTTO typically involves an extremely challenging group of individuals with complex needs who offend as a direct result of long-term drug dependency and have previously failed to comply with the conditions of a CPO or less intensive justice intervention, and/or whose offending history is sufficiently serious where custody is the most feasible option for the Court. The DTTO has therefore a greater level of intensity than other community sentences with a specific focus on recovery from illicit drug use. Due to a marked increase in drug-related deaths in Scotland, an increase in the demand for service delivery, an application was made to CORRA in 2022 for funding to support two Recovery Development Workers, who would work across the three local authority areas. Following a positive outcome report which indicated an increase in service user engagement, an increase in recovery outcome indicators and a reduction in Court revocations, one year of initial funding has now increased to five years. The Recovery Development Worker role has become an integral part of the DTTO Service and key in averting the types of crises and challenges the individuals using the service are facing, therefore having a direct positive effect on their ability to maintain their order. Not only has the benefit of lived experience been successful in increasing service user engagement, but other DTTO staff recognise the valuable contribution they make for the overall recovery of those they work with. DTTO will always be restricted by the conditions set by the Court and the Scottish Government, but individuals now have access to a greater support network through the RDWs working in collaboration with the other recovery services. We have also been exploring personal development options for the RDWs, and both are enrolling in the Certificate in Counselling Skills course, as well as accessing internal training provided by North Ayrshire Health and Social Care Partnership. As the project has progressed, the RDWs have developed a good balance amongst support offered at DTTO mandatory clinics, supporting individuals to attend appointments for services and direct one-to- one support to support individual needs. 2.5 Community Justice Ayrshire Partnership (CJAP) The Community Justice Ayrshire Partnership was established in 2016 and is a pan- Ayrshire strategic partnership working across East, North and South Ayrshire. The partnership comprises of statutory and third sector organisations who work together to reduce reoffending and improve outcomes for people affected by the Justice system. The Community Justice (Scotland) Act 2016 requires partners to publish a Community Justice Outcomes Improvement Plan (CJOIP) for each Local Authority area, outlining how they intend to work together to reduce reoffending.
Page 10
The Ayrshire CJOIP 2024 – 2029 five-year plan has just been published and links to the Local Outcome Improvement Plans (LOIPs) developed by each Community Planning Partnership, and to the National Strategy for Community Justice and the Community Justice Performance Framework developed by the Scottish Government. Community Justice Delivery Groups have been running in each of the Ayrshire local authority areas, along with the two pan-Ayrshire groups; the Diversion, Intervention and Alternatives to Custody Delivery Group (DIAC) and the Community Reintegration Delivery Group. Whilst the local authority groups have played a key role in the development of the new strategic plan (CJOIP) for the partnership, there is recognition that taking a pan- Ayrshire approach to the delivery group structures within the partnership will allow us to retain a collaborative partnership approach to the delivery of the work within the new CJOIP. To support this approach to delivery, the three local authority delivery groups will be combining to form one main ‘community focussed’ pan-Ayrshire group, which will take forward elements of the strategy around community-based sentences and meeting the needs of people involved in the justice system through universal services. This will allow the partnership to take a ‘justice journey’ approach to our structure, bringing relevant partners round the table to progress areas of work across different stages of a person’s journey through the justice system. To introduce plans for the ‘community focused’ group and discuss shared plans for delivery of the CJOIP a Community Justice Workshop is planned for the 13 June 2024. At this event partners will be able to learn more about the focus and purpose of each group, discuss which areas of work each group will be progressing and how partners can get involved. We will also have a focus on community sentences during the workshop and learn more about the impact of community sentences, what they are, how they’re delivered by Justice Social Workers and look at opportunities for further collaboration with wider partners and services. 2.6 MAPPA (Multi Agency Public Protection Arrangements) North Ayrshire host the MAPPA for South West Scotland covering North, South and East Ayrshire, alongside Dumfries and Galloway. The MAPPA are a set of statutory arrangements that allow for the assessment and management of the risk posed by people convicted of sexual and violent offences. In Scotland, the MAPPA were established by Sections 10 and 11 of the Management of offender’s etc. Scotland Act 2005. The MAPPA brings together the Police, Local Authority Social Work Justice Services, the NHS, and the Prison Service.
Page 11
While it must be recognised that it is never possible to eliminate risk completely, all the agencies involved in MAPPA work tirelessly to ensure that every reasonable step is taken to reduce the risk of serious harm to the public. The result of this is that MAPPA plays a major role in keeping our communities safe. As responsible authorities, we are required to keep MAPPA under review and to publish Annual Reports to allows us to publicly demonstrate the effective management of people who present a risk to the public. Annual reporting also outlines the steps being taken to continuously review our practices and procedures ensuring that these can be adapted in line with changing operational and environmental factors. A Data Dashboard has been developed to capture key statistical data to provide clarity on the impact of the MAPPA process. This Dashboard also provides insight on the combined efforts of partner agencies in managing and reducing risk. The MAPPA team will be conducting essential casefile audits across Ayrshire and Dumfries and Galloway. The case file audits will provide ongoing assurance that individuals subject to MAPPA are being managed in an active and alert multi-agency environment, key information and decisions from the MAPPA process are being recorded and that information is being actively used by each agency to manage and reduce risk. To support ongoing effective practice in risk assessment and risk management in relation to the assessment and minimisation of risk The Risk Management Authority (RMA) will deliver training to Police and Social Work staff in the South West who are managing level 2 or 3 cases MAPPA cases. This training has been designed to increase knowledge and confidence for staff around the skills, principles and processes that required when assessing and managing risk of serious harm to prevent or reduce the occurrence and impact of further offending. 3. PROPOSALS 3.1 IJB are asked to note and support the ongoing work and development of services of North Ayrshire, pan Ayrshire and South West Justice Services. 3.2 Anticipated Outcomes To streamline early intervention services delivered locally as part of a whole systems, whole person approach to North Ayrshire Justice Services. Increase in successful transitions back into the community through the range of services and interventions that are being developed in North Ayrshire i.e. Desistence Officer, Housing Support Worker, Recovery Development Workers, and Employability Mentors. That the whole-person approach assists service users with their personal wellbeing, accommodation, health, education, and employment to reduce reoffending, protect the public and build a stronger society in the long term.
Page 12
3.3 Measuring Impact
A full-time Information Systems Officer will gather the aggregate data for Scottish
Government to enable the impact of Justice Services interventions and areas of
development to be analysed with a focus on local and public trends.
In addition, annual evaluation reports will be produced on the proposed areas for
service development with the collation of case studies, exit questionnaires and
feedback from service users to evidence impact.
4. IMPLICATIONS
4.1 Financial
Justice Social Work in Scotland is funded through Scottish Government’s ring-fenced
Criminal Justice grant to cover local authorities’ statutory demands, and transfers to
local authorities from Scottish Government Community Justice budgets.
Funding streams for new developmental posts within Justice Services is short term
which only enables a small window of opportunity to demonstrate the value and impact
of the new initiative that will support Justice Services. Short term funding will also have
an impact on recruitment and retention of staff to deliver these interventions.
4.2 Human Resources
Human Resources have provided support with the Scheme of Delegation and the
creation of new role profiles and service specifications for the new positions that will
come to Justice Services.
4.3 Legal
Work within Justice Services and the proposed new developments will continue to be
delivered within the legislative framework detailed below:
Sections 227A to 227ZO, and Schedule 13 of the Criminal Procedure (Scotland) Act
1995 ("the 1995 Act") provide the legislative framework for CPOs.
The Community Payback Orders (Prescribed Persons for Consultation) (Scotland)
Regulations 2011.
Community Justice (Scotland) Act 2016
The Management of Offenders (Scotland) Act 2019
Section 82 of the Sexual Offences Act 2003
4.4 Equality/Socio-EconomicPage 13
As a result of the significant impact of inequalities on individuals involved in the justice system, a restorative justice approach is being adopted across North Ayrshire justice services to support individuals to be rehabilitated back into communities alongside the adoption of preventative approaches to reduce the likelihood of further offending in the future. 4.5 Risk This paper outlines the approach of North Ayrshire Justice services regarding the management of risk around those who have offended and the significant importance which is placed upon addressing these behaviours in order to promote public protection and keep communities safe. 4.6 Community Wealth Building None 4.7 Key Priorities The work of Justice Services and proposed areas of development fully aligns with the work of the Councils strategic plans, the Vision for Justice in Scotland and the National Strategy for Community Justice which supports and drives forward action in relation to the outcomes set out under the aim to support rehabilitation, use custody only where there is no alternative and work to reduce reoffending and revictimisation. 5. CONSULTATION 5.1 Justice services routinely consult and collaborate with partner agencies, national bodies, third sector colleagues and service users. Caroline Cameron, Director, NAHSCP Roseanne Burns, Senior Manager, Justice and Intervention Services