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National Objectives for Social Work Services in the Criminal Justice System: Standards - General Issues
CHAPTER 1: INTRODUCTION
1. Social work services have an important part to play in relation to the criminal justice system. This document describes these services, their objectives, and general principles on which they are to be provided and the detailed standards which local authorities will require to meet in respect of those services whose cost is met 100% by Central Government.
2. The Government's policy was set out the Secretary for State for Scotland in November 1988 when he gave Kenneth Younger Memorial Lecture to the Howard League for Penal Reform (Scotland). Mr Rifkind said:
"There will always be those who commit serious or violent crimes and who pose a threat to society which requires them to be confined for significant periods. Nevertheless there are many good reasons for wishing to ensure that, as a society, we use prisons as sparingly as possible. While the use of imprisonment may be inescapable when dealing with violent offenders and those who commit the most serious crimes, we must question to what extent short sentences of imprisonment and periods of custody for fine default are an appropriate means of dealing with offenders and there is no single answer to that. Prisons are both expensive to build and to run and do not provide the ideal environment in which to teach an offender to live a normal and law-abiding life, to work at a job or to maintain a family. If offenders can remain in the community, under suitable conditions, they should be able to maintain their family ties, opportunities for work or training and they may be better placed to make some reparation for their offence."
3. The development of effective and credible ways of dealing with offenders in the community is an important component of that policy.
4. The Government's objective in refunding to local authorities the full approved cost of providing criminal justice social work services is to ensure that the services which the courts require for dealing with offenders in the community are available in the right quantity and at the right quality. Sentencers need to be assured of precisely what service will be provided when they make an order involving social work intervention of ask for a report. They also need assurance that high quality services will be provided and standards rigorously applied and effectively administered by suitably qualified staff. The National Standards are designed to provide that quality assurance through detailed guidance on management and practice.
5. The provision of community disposal of sufficient quality and quantity will enable sentencers to use them in cases where otherwise they might have imposed a custodial sentence. The overall aim is to create a situation in which it is practicable to use prisons as sparingly as possible through providing community-based disposals which contain and reduce and offending behaviour, assist social integration, have the confidence of the courts and the wider public, and make efficient and effective use of available resources.
6. Another important aim is to help released prisoners reduce the risk of their re-offending and assist them to re-settle in the community. The National Standards for Throughcare set out Government's expectations in respect of Throughcare services for prisoners.
7. The National Standards are the result of intensive consultation. This consultation involved all elements of the criminal justice system, as is shown by the membership of the original consultation group and its sub-groups set out in Annex A. Since the original standards were published in February 1991 new disposals have been introduced, additional service have been included in the 100% funding arrangements and there have been developments in practice. These changes will continue to require adaptations to the standards.
8. The components of a comprehensive social work service in the criminal justice system include:
8.1 services concerned with crime prevention;
8.2 services in support of the victims of crime;
8.3 diversion from prosecution schemes;
8.4 bail services;
8.5 social enquiry and other reports to assist decision-making by the courts and Procurators Fiscal;
8.6 services provided in association with the use of deferred sentence;
8.7 means enquiry reports and fine supervision;
8.8 supervised attendance order schemes;
8.9 probation supervision and related service;
8.10 Community Service by offenders;
8.11 court liaison and other court based services to the courts and those appearing before the courts;
8.12 throughcare, comprising:
8.12.1 prison and community based services provided to assist prisoners and their families to prepare for release;
8.12.2 the supervision of offenders released from custody on parole and other forms of mandatory supervision;
8.12.3 the voluntary support of ex-prisoners and their families.
9. The arrangements for 100% Central Government funding apply to court based social work services, supervised attendance orders, the provision of social enquiry and related reports, probation, Community Service, and various throughcare services including home background reports, parole and non-parole licence and supervised release orders and services associated with diversion from prosecution.
10. The layout of the National Standards falls into two parts. First there is a section on general issues. This describes those elements which make up criminal justice social work services and sets out national objectives for the service as a whole. It deals with the organisation and management of social work departments providing the services, stressing the importance of responding to the needs of sentencers as well as deploying staff who are skilled in working with offenders. It deals also with the need for strategic planning, training, monitoring and evaluation and financial control. In all of these The Scottish Office will play a major role in ensuring that standards are maintained and value for money achieved. The important role of the independent sector is described. The particular importance of young offenders and their special needs are discussed. The importance of good liaison and inter-agency co-operation among all elements of the system is emphasised and suggestions made as to how these may be achieved.
11. The second section sets out the standards themselves and covers all the services within the scope of 100% funding.
12. In summary, the National Standards are intended to fulfill the following functions:
12.1 a statement of the Government's objectives and priorities for social work services in relation to the criminal justice system;
12.2 a detailed set of standards for social workers and social work departments as to how they should provide the main services;
12.3 a basis for The Scottish Office to judge whether the centrally funded services have been provided in accordance with objectives and to the standard required;
12.4 a reference guide for sentencers and others in the criminal justice system as to what standards of service they are entitled to expect.
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