Justice Update Report 2021-22
Perth and Kinross Council · 25 January 2023
Back to Housing and Social Wellbeing Committee — 25 January 2023 and its agenda
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PERTH AND KINROSS COUNCIL Housing & Social Wellbeing Committee 25 January 2023 JUSTICE UPDATE REPORT 2021-22 Report by Executive Director (Education and Children’s Services) (Report No. 23/11) 1. PURPOSE 1.1 This report provides an update for Committee on the work of council services and partners to meet local and national outcomes for Community Justice for the period 1 April 2021 to 31 March 2022. It provides an update on the effectiveness of the arrangements for the supervision of serious offenders and approaches being used to help people make positive changes in their lives and tackling the underlying causes. 2. RECOMMENDATION 2.1 It is recommended that the Committee: • Notes the approach being undertaken by Perth and Kinross Council (PKC) teams in respect of the Perth and Kinross Community Justice Partnership, and the content of the 2021-22 Perth and Kinross Community Justice and Safety Partnership Annual Outcome Activity Return submitted to Community Justice Scotland. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background • Section 5: Proposals • Section 6: Further Considerations • Appendices 4. BACKGROUND The Perth and Kinross Community Justice Partnership 4.1 The Community Justice (Scotland) Act 2016 (the Act) was passed by the Scottish Parliament in 2017, along with the publication of the National Strategy for Community Justice, and an Outcome Performance Improvement Framework (OPIF). It established a new model for the governance and delivery of Community Justice in Scotland.
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The Act established Community Justice Partnerships (CJPs) in each local authority area comprising of statutory partners - Police Scotland; Scottish Prison Service (SPS); Scottish Fire and Rescue Service (SFRS); Skills Development Scotland (SDS); NHS Scotland; Health and Social Care Integration Joint Board; Scottish Courts and Tribunals Service, the local authority; and representation from the third sector. 4.2 The Act requires statutory partners to work together to deliver a Community Justice Outcomes Improvement Plan (CJOIP), delivering on the National Strategy and OPIF for their area, and report on progress to Community Justice Scotland (CJS) via an Annual Outcome Activity Return. The Perth and Kinross Community Justice Partnership (PKCJP) launched its first CJOIP, a three-year plan, on 1 April 2017 (the plan was extended in 2020 and again in 2021 for a further year due to COVID-19). Annual Outcome Activity Returns have been submitted to CJS since 2018, highlighting PKCJP progress against the CJOIP. These reports are available on the Perth & Kinross Community Justice and Safety Partnership (PKCJ&SP) website. 4.3 The Community Justice Partnership and the Community Safety Partnership with Perth and Kinross merged in September 2021 forming the PKCJ&SP. 4.4 PKCJ&SP submitted the Annual Outcome Activity Return 2021-22 (Appendix 1) to CJS in September 2022. Appendix 2 provides a glossary of terms used within the Return. The Annual Return contains contributions from statutory and third sector organisations. The Annual Return highlights the Partnership’s progress against the CJOIP and the OPIF. 4.5 The reporting period spans a full year of COVID-19 restrictions (ie, routine testing and isolation etc). Although there were no lockdowns during the reporting period, limitations on face to face and group meetings continued to impact activity. A more detailed summary of the associated challenges and opportunities can be found in Appendix 1: PKJC&SP Annual Outcome Activity Return 2021-22 5. PROPOSALS 5.1 From a PKC perspective, the Annual Outcome Activity Return 2021-22 highlights examples of positive work being carried out by a range of PKC teams, often in partnership with other stakeholders and includes: • One-Stop Women’s Learning Service (OWLS), in collaboration with other services, offer women a safe space where they can access crucial services, improve their mental health and wellbeing, as well as address the reasons for their offending behaviour. This wraparound service builds the self-confidence and self-esteem of women enabling them to become more involved in their community. The co-production and joint delivery of services improves access opportunities to services for women. The whole system approach enables needs to be met at a the time when the person can accept the support.
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An example of the positive feedback received was: “Staff was flexible with my appointments which really helped me, they helped with practical and emotional support, couldn’t have done it without you.” Other examples of the support available via OWLS can be found in Appendix 1. • Evolve, the men’s project continues to work from the Neuk, a local mental health hub, which has provided opportunities to work collaboratively with local mental health services. For example, sharing access to counselling, volunteers, and introducing men to the 24-hour support that is available within the Neuk. The service continues to explore connections with other local third sector agencies such as Tayside Council on Alcohol and Andy’s Man Club to inform the work undertaken, and to provide a wide range of supports to service users. The service aims to not only address the causes of a man’s offending behaviour but promote positive life choices and identities through using group work and communal activities which are delivered in a trauma informed environment. During the reporting period, group work commenced (when COVID-19 restrictions allowed). Although COVID-19 restrictions resulted in a reduction in numbers, feedback from the group was positive, with the men finding the support of their peers invaluable. The service continues to work with men in a trauma informed manner, using a combination of intensive one to one work, and a focussed programme of group work which will include activities designed to increase positive life chances and pro-social decision making for males who offend, to help them find purpose, improve their wellbeing and rebuild relationships within their communities and families. • The Westbank Project is delivered from Westbank House where the Unpaid Work Team (UPW) are based. They have continued to engage with the public via Facebook, the Council website and newsletters. These communications have detailed the work undertaken by the team to support local communities, as well as providing engagement opportunities. The team received 273 requests for work to be carried out during 2021-22, a significant increase on 72 requests received during 2020-21. The total number of requests remained lower than the 355 received in 2019-20 (pre COVID-19). Examples of work undertaken (work as permitted under Scottish Government COVID-19 guidelines) includes clearance of parts of Regional Route 83, property repair/redecoration and maintenance work. An example of the positive feedback received from a member of the public was: “What can I say other than thank you!!!! What a job that’s been done by the team I can’t thank you enough for this. I visited properties today and
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was blown away by the difference that has been made. Please pass on my thanks top every single person that was involved.” The Westbank Hub continued to provide opportunities to a range of community groups, including courses to learn new skills thereby helping individuals to ready themselves for the job market. During the reporting period, three people took part in tele handling training, and four people undertook forklift truck training following a Community Payback Order (CPO), with one individual confirming they had gained employment. • Diversion from Prosecution Scheme, Criminal Justice Social Work (CJSW) has continued to offer a diversion scheme which is delivered on a one-to-one basis by a Criminal Justice Assistant (CJA). The support looks at behaviour which may put the person at risk of committing further offences and to offer practical support and advice. Where existing services are in place, contact will take place to ensure that the person is engaging and making best use of these resources. People participating in the Diversion scheme receive support to address unmet need/offending behaviour and are diverted from the justice journey. In 2021-22, CJSW undertook 69 Diversion assessments, and of those, 38 Diversion cases commenced. • Bail Supervision focusses on reducing re-offending and affording the person the opportunity to change their behaviour with appropriate support and address unmet need. There is also a positive impact for families, children and the individual as it provides an opportunity for family, social and economic relationships to continue in line with The Promise. An example of the positive feedback received was: “Bail Supervision provided me with support, in my housing, and helped me sort my life out.” The Bail Supervision Service within Perth and Kinross (PK) extended the eligible age criteria in January 2022 from between 16 to 26, to being everyone aged 16 and over. Extending the eligible age range provides wider service access and provides the Courts with an alternative to remand across the age range. Criminal Justice Assistants now support the Service in addition to the dedicated support from the Young People’s Service to meet the increased demand. The number of people receiving Bail Supervision has increased following the extension of the Service. Between April 2021 and April 2022, 33 requests were received from the Court (bail opposed), an increase of 5 from the previous reporting period. Bail Supervision was imposed in 16 of those cases (increase of 9 from the previous reporting period); 17 were granted bail without supervision and one person was remanded.
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At sentencing stage, 4 people were given a CPO, 2 were given Structured Deferred Sentence (Right Track) and 2 were given a custodial sentence. The remaining people were awaiting a court decision. • Right Track (Structured Deferred Sentence) This scheme run by CJSW works with individuals aged 16 to 26 and gives them the opportunity to engage in intensive support provided by a Right Track Officer prior to attending Court for final sentencing. The scheme helps ensure that remand is only used where necessary, and as Right Track is also part of the work at the Westbank Project, it allows the young person to work on their chaotic lifestyle and develop a more structured way of life prior to being sentenced at Court. Two examples of positive feedback received was: “I find it a place to voice things when they go wrong, and it is really good to be listened to.” “It has given me structure to my life.” The service had 14 young people participating in the programme during April 2021. During the reporting period, COVID-19 restrictions were still impacting/limiting local Court business. This number had increased to 25 young people by April 2022. The increase reflects Court business increasing, along with the Sentencing Young People’s Guidelines coming into effect in January 2022. The Right Track model operates within the values and beliefs underpinning the new sentencing guidelines. • Caledonian System is an integrated approach to addressing domestic abuse. It combines a court-ordered programme for men, aimed at changing their behaviour, with support services for women and children. Work was undertaken during the reporting period to improve resilience within the team. The completion of Domestic Violence Court Report requests was extended to those not Caledonian trained but trained in the use of the Spousal Assault Risk Assessment-Version 3 (SARA-v3). Domestic Violence Court Report requests increased from 52 in 2020-21, to 85 in 2021-22. Staff within the team not trained in SARA-v3 were put forward for training. Two members of staff were also identified to become SARA trainers with the intention of improving access to SARA training in the future, carried out in- house, in partnership with Dundee CJS. All suitable staff not trained in the Caledonian system were identified and put forward for screening assessment. Three members of staff successfully completed screening and await a placement on the fuller training packages (Introduction to Caledonian; Case Manager training) expected in 2022-23. • Prisoner Release work had commenced pre COVID-19 to improve co- ordination of prisoner release (better links between prison and housing – information sharing three months prior to release managing housing needs) and the COVID-19 Early Prisoner Release Scheme. Fortnightly
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multi-agency meetings commenced in August 2021 and continue to run fortnightly. The meetings are attended by CJSW, Safer Communities Team (SCT), PKC Housing Team and the Integrated – Drug Alcohol and Recovery Team (IDART), all working together to manage risks, provide support and to address any accommodation issues. The meeting frequency was set to allow agencies time to react to any prisoners who received short sentences or were released early. The model and frequency of meetings has been effective, and this model of working has been adopted to support a new pilot, Custody Arrest Referral Service (CARS) which was launched in July 2022. Proactive engagement and planning improve opportunities to address issues, ie, housing issues in advance of release from prison, enhancing the support available to prisoners on release. Work undertaken for the COVID-19 Early Prisoner Release Scheme has been built upon and proactive planning for release has become embedded. Proactive planning takes place, including identification of suitable housing and the provision of release packs to people being released from custodial sentence to the PK area (including information for accessing services such as NHS GP services and benefits help etc). From the launch of the meetings in August 2021 through to the end of March 2022, 57 people were discussed/supported via the Prisoner Release meetings. Table 1 below shows that 100% of PK residents were offered accommodation on release between April 2021 to the end March 2022: Table 1 No. people Accommodation Type 52 (49%) Secure Tenancy (Council property/Registered Social Landlord/Private Rent/Owner Occupier) 29 (27%) Temporary Accommodation (Greyfriars/Skinnergate/St Catherine’s Square) with application in progress for secure tenancy 26 (24%) Other (Sofa surfing/family/partner/moved to other area/rehabilitation facility) 6. FURTHER CONSIDERATIONS Conclusion 6.1 The PKCJ&SP Annual Outcome Activity Return 2021-22 illustrates the positive work being undertaken by both statutory partners and third sector organisations. Partners and third sector organisations are committed to the shared aim, echoed in the CJOIP, to work in partnership to reduce reoffending and support those who have committed offences. It is the intention of the
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Partnership to build on this progress, thereby ensuring the communities in Perth and Kinross remain safe places to live. 6.2 It is recommended that the Committee: • Notes the approach being undertaken by PKC teams in respect of the Perth and Kinross Community Justice Partnership, and the content of the 2021-22 Perth and Kinross Community Justice and Safety Partnership Annual Outcome Activity Return submitted to Community Justice Scotland. Authors Name Designation Contact Details Eleanor Lindsay Derek Mortimer Community Justice Partnership Co-ordinator Acting Service Manager, Criminal Justice Social Work Service ECSCommittee@pkc.gov.uk 01738 475000 Approved Name Designation Date Sheena Devlin Executive Director (Education and Children’s Services) 22 December 2022
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes/None Community Plan/Single Outcome Agreement Yes Corporate Plan Yes Resource Implications Financial None Workforce None Asset Management (land, property, IST) None Assessments Equality Impact Assessment None Strategic Environmental Assessment None Sustainability (community, economic, environmental) None Legal and Governance None Risk None Consultation Internal None External None Communication Communications Plan None 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 This section sets out how the proposals relate to the delivery of the Perth and Kinross Community Plan/Single Outcome Agreement in terms of the following priorities: (i) Giving every child the best start in life; (ii) Developing educated, responsible and informed citizens; (iii) Promoting a prosperous, inclusive and sustainable economy; (iv) Supporting people to lead independent, healthy and active lives; and (v) Creating a safe and sustainable place for future generations. This report relates to Objective No. (v). Corporate Plan 1.2 This section sets out how the proposals relate to the achievement of the Council’s Corporate Plan Objectives: (i) Giving every child the best start in life; (ii) Developing educated, responsible and informed citizens; (iii) Promoting a prosperous, inclusive and sustainable economy; (iv) Supporting people to lead independent, healthy and active lives; and (v) Creating a safe and sustainable place for future generations. This report relates to Objective No. (v).
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1.3 The report also links to the Education & Children’s Services Vision, Values and Priorities in respect of the following key priority area: • Safe and Protected 2. Resource Implications Financial 2.1 This report contains no proposals which would have a financial impact on the Council. All relevant areas of work pertinent to CJSW will be taken forward within budget. Workforce 2.2 There are no workforce implications arising from this report. Asset Management (land, property, IT) 2.3 There are no asset management implications arising from this report. 3. Assessments Equality Impact Assessment 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties. 3.1.1 The proposals have been considered under the Corporate Equalities Impact Assessment process (EqIA) with the following outcome: (i) Assessed as not relevant for the purposes of EqIA. Strategic Environmental Assessment 3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. 3.2.1 The proposals have been considered under the Environmental Assessment (Scotland) Act 2005. However, no action is required as the Act does not apply to the matters presented in this report. This is because the Committee are requested to note the contents of the report only and the Committee are not being requested to approve, adopt or agree to an action or to set the framework for future decisions. Sustainability
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3.3 Under the provisions of the Local Government in Scotland Act 2003, the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. Under the Climate Change (Scotland) Act 2009 the Council also has a duty relating to climate change and, in exercising its functions must act: • In the way best calculated to delivery of the Act’s emissions reduction targets. • In the way best calculated to deliver any statutory adaption programmes. • In a way that it considers most sustainable. 3.3.1 There are no issues in respect of sustainability from the proposals in this report. Legal and Governance 3.4 This report contains no proposals which would have a legal or governance impact on the Council. 3.5 N/A. Risk 3.6 There are no issues in respect of risk from the proposals in this report. 4. Consultation Internal 4.1 None. External 4.2 None. 5. Communication 5.1 There are no communication issues in respect of the proposals in this report. 2. BACKGROUND PAPERS 2.1 The following background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973 (and not containing confidential or exempt information) were relied on to a material extent in preparing the above report: The Community Justice (Scotland) Act 2016 3. APPENDICES 3.1 Appendix 1 - PKJC&SP Annual Outcome Activity Return 2021-22 Appendix 2 - Glossary of Terms