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National Objectives for Social Work Services in the Criminal Justice System: Standards - Throughcare
ANNEX A : TEMPORARY RELEASE
HOME BACKGROUND REPORTS
461.Determinate sentence prisoners serving sentences of more than 12 month and life sentence prisoners who have been allocated to Security Category 'D', are eligible for periods of unescorted home leave. In addition, certain Category 'C' prisoners are eligible for escorted leave, accompanied by a prison officer. Broadly speaking, these schemes are all intended to assist prisoners to maintain links with their families or friends and, for those approaching the end of their sentences, to help them to readjust to life in the community.
462.It is for the Governor to decide whether a prisoner should be temporarily released under one of the leave schemes, based on an informed judgement about the level of risk involved. Information supplied by a community-based social worker about the situation at the home leave address is an important element in his/her decision, and is required to fulfil the requirements of the Direction under Rule 126 of the Prisons and Young Offenders Institutions (Scotland) Rules 1994.
463.Where a Home Background Report for parole purposes has been prepared within 3 months of a prisoner being considered for temporary release on home leave or escorted leave, that report will also be used to inform the Governor's decision. In all other circumstances (i.e. where no previous HBR has been prepared, or where an existing HBR is more than 3 months old, or where there has been a significant change in the home circumstances) a report will be requested by the Governor, specifically for the purpose of assisting his/her decision on home leave.
464.A Home Background Report for the purpose of home leave or special escorted leave is likely to be a less extensive document than that for release on parole or life licence, but must always be based on a visit to the address.
465.The report must provide:
465.1information about the proposed accommodation;
465.2information about those residing at the address, including the nature and quality of relationship with the prisoner;
465.3any available information about the attitudes of the victim(s) (if local to the proposed leave address) to the prisoner, or of the local community to the prisoner; social workers must be particularly alert to any issues or concerns arising in relation to violent or sexual offences. Where the prisoner is a Schedule 1 offender, social workers must ensure that the procedures set out in Chapter 11 are implemented.
466.In cases involving consideration for escorted leave, the same broad areas must be addressed. In addition, the social worker must take account of the fact that the prisoner, if temporarily released, will be escorted by prison staff who will be given a copy of the Home Background Report. In these circumstance the report writer must ensure that the report alerts the prison officer to any significant factor which might influence the family's attitude to either the prisoner or his/her escort, in order to minimise risk to any party.
467.SPS has decided that HBRs requested specifically for the purpose of assessing suitability for home leave will not be automatically disclosed to prisoners as a matter of course. If a prisoner requests access to an HBR in these circumstances, the Governor must consider whether disclosure could cause concern to the subject or to third parties, and, where there is any doubt about the advisability of disclosure, must discuss the matter in the first instance with the social worker in the prison.
468.Social workers preparing HBRs for the purpose of home leave must, therefore, always indicate in a covering note whether or not they believe the report could be disclosed, in the event of such a request from the prisoner, without risk to the subject or third party. Where the report writer believes that the HBR should not be disclosed, he/she should indicate the reasons for this judgement.
SOCIAL WORK SUPERVISION OF HOME LEAVE
Short Term Prisoners
469.The social work department in the area to which a short term prisoner returns during periods of temporary release on home leave, is not normally required to make any contact with the prisoner during those periods.
470.However, the temporary release or home leave of a prisoner who will be subject to an SRO on discharge, provides a useful opportunity for early contact with the future supervising authority. Where the home leave address is likely to be the prisoner's address on final release, the social work department should make contact with the prisoner in the community, during a home leave, at least once prior to the prisoner's final release.
Long Term Prisoners
471.Similar considerations apply in relation to home leave for long term prisoners, (i.e. those serving 4 years or more) all of whom will eventually be released subject to supervision. In such circumstances social work departments should ensure that there is at least one contact with the prisoner in the community prior to his/her final release.
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