Community Justice Update Report 2022-23
Perth and Kinross Council · 24 January 2024
Back to Housing and Social Wellbeing Committee — 24 January 2024 and its agenda
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Perth And Kinross Council Housing And Social Wellbeing Committee 24 January 2024 COMMUNITY JUSTICE UPDATE REPORT 2022-23 Report by Executive Director (Education and Children’s Services) (Report No. 24/25) 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 2022 to 31 March 2023. It provides an update on the effectiveness of the arrangements for the supervision of serious offenders and the approaches being used to help people make positive changes in their lives and tackling the underlying causes. 2. RECOMMENDATIONS 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 and Safety Partnership (PKCJ&SP), and the content of the 2022-23 Perth and Kinross Annual Outcome Activity Return (Appendix 1) submitted to Community Justice Scotland (CJS). 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 and Safety 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 (2016) and a Community Justice Outcomes, Performance and Improvement Framework (OPIF). The legislation, strategy and framework established a new model for the governance and delivery of Community Justice in Scotland. 4.2 The Act established Community Justice Partnerships in each local authority area comprising of statutory partners - Police Scotland; Scottish Prison
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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. A decision was made in Perth and Kinross in September 2021 to merge the Community Justice Partnership and the Community Safety Partnership due to similarities in memberships and crosscutting themes. The Partnership is now the Community Justice and Safety Partnership. 4.3 The Act requires statutory partners to work together to deliver a Community Justice Outcomes Improvement Plan (CJOIP), delivering on the National Strategy for Community Justice and OPIF for their area, and report on progress to CJS via an Annual Outcome Activity Return. The Perth and Kinross Community Justice Partnership launched its first CJOIP, a three-year plan on 1 April 2017 (the plan was extended in 2021 and again in 2022 for a further year due to COVID-19). Annual Outcome Activity Returns have been submitted to CJS since 2018, highlighting the Partnership’s progress against the CJOIP. These reports are available on the Partnership's Community Justice webpage on the Perth and Kinross Council’s website. 4.4 The 2022-23 Annual Outcome Activity Return submission (Appendix 1), submitted to CJS in September 2023, is the Partnership’s final submission, reporting against outcomes under the 2016 National Strategy for Community Justice and OPIF, and the local CJOIP (launched 2017). 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. Appendix 2 provides a glossary of terms used within the Return. 4.5 A new National Strategy for Community Justice was launched in June 2022, and a new Community Justice Performance Framework was launched in March 2023. The PKCJ&SP launched a new CJOIP 2023 - 2028 on 30 June 2023. Future annual reports (September 2024 onwards) will report against these strategies, plans and frameworks. 5. PROPOSALS 5.1 From a PKC perspective, the 2022-23 Annual Outcome Activity Return 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, offers 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: “I cannot believe the support I received during my CPO (Community Payback Order) and Voluntary Supervision. I am finally in a better place, my dreams are all coming true, I completed my training, I applied for a job and guess what, I got it, thank you OWLS”. • 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 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. The service is currently considering the learning from the earlier pilot phase outlined in last year’s report and looking to find ways to expand into a resource that can be accessed by all male Criminal Justice Social Work (CJSW) clients. The structures built around initial assessments, including trauma screening, the compliance processes, and completion reports, are being refined so that they can be rolled out to every male on a CPO. The interventions that were designed are being expanded into a modular groupwork calendar which clients can be referred to as needed and will include core modules on subjects like problem solving and conflict resolution, interventions looking at addiction, and healthy relationship skills. This programme will involve more staff from across the team thereby opening these interventions to a wider client range (10 men were supported by Evolve during the reporting period). Social groups are also being scheduled to help men develop interpersonal skills and make connections and positive use of their time. As a part of Evolve, Justice Social Work within Perth and Kinross took part in a pilot programme delivering trauma informed groupwork (Connecture) which is specifically designed for men in the Justice system. This programme was undergoing external evaluation at the time of writing this report. • The Westbank Project is delivered from Westbank House where the Unpaid Work (UPW) team 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 UPW team received 278 requests for work to be carried out during 2022-23, a similar number to the 273 requests received during the 2021-22 period. The total number of requests remained lower than the pre Covid pandemic levels (355 received 2019-20).
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The requests received were from communities across Perth and Kinross and required a wide range of activities to be carried out. These included: • Bench and picnic benches (building and painting them). • Removals (helping with furniture moves, both residential and non- residential ie, office) Community work (compost supply, power washing communal areas, general assistance at events). • Waste removal (ie, rubbish clearance). An example of the positive feedback received was: “Looks so much better what a relief and weight off my shoulders. Thankyou. The men were here this week and were so quick I was amazed how efficient they were. Very polite and keen to help and to sort things in my garden. I am so happy with this and the work they have done, also the care they took with my garden also. Thankyou you again, I am so grateful”. (Member of the public). 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. • Diversion from Prosecution (DfP) Scheme, 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 with and making best use of these resources. People participating in DfP receive support to address unmet need/offending behaviour and are diverted from the justice journey. The reporting period saw a 53% increase in the number of people referred for DfP (68 referrals in 21/22compared to 104 in 2022/23). An increase in the volume of complex referrals was also noted; sexual offences (1.5% in 2021/22 compared to 9.7% in 2022/23) of total referrals; and schedule one offences rose from 0% in 2021/22 to 8.7% for 2022/23). Of the 104 referrals received, 78 were suitable for DfP, with only 4 failing to complete the process. Young people in the 16 to 17 age brackets formed 38.5% of the total referrals and were by a large margin, the biggest age group. • 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 opportunity for family, social and economic relationships to continue in line with The Promise.
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An example of the positive feedback received was: “Bail Supervision provided me with structure, my appointments did not affect my employment, my Bail Officer seen me on a Monday evening which allowed me to continue working”. The Bail Supervision service within P&K extended the eligible age criteria in January 2022, from being available to people between the ages of 16 to 26, to anyone aged 16 and over, and additional staff were recruited to accommodate this change. CJAs now support the Service, in addition to the dedicated support from the Young People’s Service, to meet the increased demand. Extending the eligible age range provides wider service access and provides the Court an alternative to remand across the age range. The number of people receiving Bail Supervision increased during the reporting period, 268 requests were received (bail opposed) in comparison to 33 requests during 2021-22. Bail Supervision was imposed in 63 of those cases compared to 16 in 2021-22 (an increase of 47). This rise is attributed to: • A notable increase in the use of Bail Supervision by the Crown Office Procurator Fiscal Service (COPFS) - bail opposed; • The promotion of Bail Supervision locally by COPFS and defence agents; and • Increased staffing (capacity) to process Bail Supervision locally. At sentencing stage, 12 received a CPO, 2 received a Structured Deferred Sentence (Right Track), 2 received Unpaid Work, 1 received a Good Behavior Order, 2 received a fine, 1 received a Drug Treatment Testing Order, 1 received a Compulsory Treatment Order and 8 received a custodial sentence. The remaining people were awaiting a court decision at the end of the reporting period. • Right Track (Structured Deferred Sentence) This scheme, run by CJSW, works with young people 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. 36 people received a Structured Deferred Sentence during 2022-23, an increase of 12 from the previous reporting period. 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.
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Examples of court outcomes during the reporting period include a further period on Right Track (18), admonished (9), CPO supervision (6), custodial sentence (2) and monetary penalty (1). • 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) during 2021- 22. Staff within the team not trained in SARA-v3 were put forward for training. 2 members of staff became SARA trainers during 2022-23. 14 out of 15 social workers are now trained in SARA-v3. In addition, all suitable staff, not trained in the Caledonian system, were identified and put forward for a screening assessment. 13 social workers and all 3 senior practitioners have now passed the Caledonian screening assessment, and all (bar one social worker) have also completed Case Manager training. The roll out of the above training has had multiple benefits – upskilling staff, increased team resilience and a shared understanding of the aims of case management between staff and other agencies. 103 Domestic Violence Court Report requests were received during the reporting period, an increase of 18 from the previous reporting period. • 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 programme. Fortnightly 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. 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 programme has been built upon and proactive planning for release was built on further during the reporting period with the launch of a Co-ordinated Voluntary Throughcare test of change in March 2023 providing an opt out model to improve uptake of support for release.
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• Arrest Referral An Arrest Referral Test of Change was jointly commissioned by Justice Social Work and Drug and Alcohol Services. The test of change was co-ordinated by the Community Justice Partnership Co-ordinator during the reporting period. The Arrest Referral Test of Change, delivered by Positive Steps, commenced in July 2022. P&K, alongside Angus, joined the already established Custody Arrest Referral service operating from Dundee Police Station, Bell Street (where P&K arrests were routinely processed). The purpose of the test of change, was to offer person centred support, address unmet need and reduce reoffending. The test of change highlighted the logistical issues associated with processing arrests outwith the P&K area. For example, people due to appear in Perth Sheriff Court were often leaving the Dundee custody suite prior to the arrest referral worker starting at 7am (linked to early collection times from GEOAmey), restricting the worker’s ability to offer support. Additionally, supports were only offered to P&K residents coming through the Dundee custody suite (any P&K resident processed in another part of Scotland did not receive information about the supports available). Although the service was available seven days per week, it was not available 24 hours a day. Most referrals received were for those who were being held for court, with very few being received for those released on an undertaking or without charge. During April 2023, Police Scotland began exploring options to reopen Perth Police Station for arrests, where people can be processed and released without being held in custody. P&K (along with Angus) discontinued the Custody Arrest Referral Service on 30 June 2023 in favour of developing a more local model. For P&K, the local model being explored for the next 12 to 18 months is referrals from Police Custody Centres (any location) via Police Scotland staff, and the development of a referral pathway with GEOAmey within Perth Sheriff Court. • Complex Needs Co-ordination The Complex Needs Co-ordinator role commenced in September 2022 (a two-year test of change), which is another example of a role jointly funded by Justice Social Work and Drug and Alcohol Services. During the reporting period, referrals from the custody-based arrest referral workers were shared with the Complex Needs Co-ordinator who screened the referrals and engaged with people who did not have a support worker allocated to them.
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Examples of the most common requests for support include: • Mental Health • Housing • Substance use • Benefits The Complex Needs Co-ordinator post evolved during the reporting period following gaps identified by the Release from Prison: Services Available working group (particularly in relation to the remand population) and the Strategic Needs and Strengths Assessment Activity undertaken, and this led to establishing the remand drop-in sessions. In addition, the Complex Needs Co-ordinator has attended the daily Non- Fatal Overdose discussions and provided assertive outreach as requested. Early learning from the Complex Needs Co-ordinator and voluntary throughcare test of change indicated that the co-ordination of a pool of staff from various organisations (the creation of an assertive outreach team consisting of the Complex Needs Co-ordinator (PKC); locally and nationally funded throughcare workers (CATH and Apex); and floating housing support staff) can result in improved engagement/access to services. Tayside Council on Alcohol (TCA) also expressed an interest in supporting this approach to working which will be explored further during 2023-24. Work will continue during 2023-24 to explore the above further and a greater use of floating housing (footprint across the whole P&K geographical area). 6. FURTHER CONSIDERATIONS Conclusion 6.1 The PKCJ&SP Annual Outcome Activity Return 2022-23, 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 our new CJOIP, to work in partnership to reduce re- offending and support those who have committed offences. It is the intention of the Partnership to build on this progress, thereby ensuring the communities in Perth and Kinross remain safe places to live.
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Authors Name Designation Contact Details Eleanor Lindsay Nicola Rogerson Community Justice Partnership Co-ordinator 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) 14 December 2023
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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 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
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(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 sustainability implications 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 The Senior Management Team in Education and Childrens Services have approved this report. Appendix 1 was also approved by the PKCJ&SP in September 2023. 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 - PKCJ&SP Annual Outcome Activity Return 2022-23 Appendix 2 - Glossary of Terms