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National Objectives for Social Work Services in the Criminal Justice System: Standards - Community Service
CHAPTER 6: DISCIPLINE
75.In the interests of justice and to maintain the credibility of Community Service, disciplinary procedures must reflect the requirements of Community Service legislation and be reasonable, clear and enforceable. They should be capable of being upheld in a court of law and also capable of swift implementation.
76.Community Service Officers have a responsibility to take reasonable steps:
76.1to enable the offender to complete his/her Order;
76.2to enforce the requirements of the Order, should the offender fail to comply with that Order without reasonable cause.
The Community Service Officer must therefore be fair, reasonable and consistent in the application of any requirements.
77.Offenders are liable to disciplinary procedures when they fail to comply with requirements relating to the following without reasonable cause:
77.1failure to attend for work;
77.2lack of punctuality;
77.3failure to report as required by the Community Service Officer;
77.4failure to notify a change of address without delay;
77.5failure to notify a change in employment circumstances without delay;
77.6failure to perform work to a satisfactory standard.
Formal Disciplinary Action for Failure to Attend for Work
78.It is a requirement that the offender must perform the number of hours specified in the Order to such work places and at such times as instructed by the Community Service Officer. When the offender fails to attend, the Community Service Officer must take the following action:
78.1the absence must be followed-up, normally within 2 working days of notification. The absence must always be followed up prior to the next scheduled work attendance, other than where it is not feasible: for example, due to work attendances occurring on consecutive days
78.2the offender should be interviewed for this purpose;
78.3the Community Service Officer must decide, after full consideration, whether the explanation for failure to attend which is offered is acceptable or not. In this context the following reasons for failure to attend will generally be acceptable. This information must be detailed in the case file:
78.3.1ill Health: all absences due to ill health must be medically certified. Self certifying certificates are not acceptable. Current procedures are detailed in SWSG Circular 102/1989. A copy of this circular is at Appendix 1;
78.3.2where the offender is in custody;
78.3.3where the reason has been submitted to the Officer in advance and cleared by him/her;
78.3.4where unforeseen requirements are placed on the offender by his/her employer;
78.3.5where the offender is faced with a serious and unforeseen crisis arising from other responsibilities.
79.A single missed attendance constitutes an absence. When the Community Service Officer decided that an explanation offered by the offender for failure to attend is unacceptable, the following action should normally be taken:
79.1 first unacceptable absence a first formal warning either orally and/or in writing, recorded in the case file.
79.2 second unacceptable absence a final warning both orally and by recorded delivery, again recorded in the case file.
79.3 third unacceptable absence breach proceedings instituted and Order suspended pending the outcome of court proceedings.
80.The offender should be formally notified of any suspension and institution of breach proceedings.
81.Attention should be drawn to any extenuating factors in the report referred to in paragraph 112 below.
Formal Disciplinary Actions for other Reasons
82.With the exception of failure to attend for work which should always result in formal disciplinary action, Community Service Officers should use their judgement about when to invoke these formal disciplinary procedures when other requirements are not met. Once invoked, however, they must be followed through, unless there are special circumstances which warrant flexibility e.g. a lengthy period since the previous formal disciplinary action was taken. In general, formal disciplinary action should always be taken where the failure to meet the requirement is serious, or where there are repeated minor failures. Where an unacceptable failure to meet a requirement occurs which does not interfere with the performance by the offender of Community Service work, the Community Service Officer may decide to issue a caution. Where a caution is given, the failure and the caution should be recorded in the case file and initialled by the Community Service Officer.
83.Formal disciplinary action taken for other reasons should normally follow the sequence outlined below:
83.1 First failure to meet requirement issue a first formal warning (either oral or written); record in the case file.
83.2 Second failure to meet requirement issue a final formal warning both orally and by recorded delivery; again recorded in the case file;
83.4 Third failure to meet requirement institute breach proceedings and suspend Order pending the outcome of court proceedings.
84.The offender should be formally notified of any suspension and institution of breach proceedings.
Lack of Punctuality
85.It is a requirement that the offender must attend the work placement at such times as instructed to do so and when he/she fails to report to work at the specified time or leaves early without permission, the Community Service Officer must in all cases be notified of the facts.
86.Problems with punctuality should be followed up with the offender and explanations sought and recorded. When the Community Service Officer decides that the explanation is unacceptable, he/she must decide what disciplinary action to take following the disciplinary procedures outlined at 82-84 above.
87.Offenders must not be credited for time which they have not worked unless the period in question falls within the terms of paragraph 49.
Failure to Report as Required by the Community Service Officer
88.It is a requirement that the offender must report to the Community Service Officer as and when instructed to do so. All failures to report must be followed-up with the offender, normally within 2 working days.
89.Following each failure to report without reasonable cause, the Community Service Officer must decide what action to take following the disciplinary procedures outlined at 82 and 83 above.
90.In determining what action to take, Community Service Officers will need to bear in mind that a failure to report at the beginning of an Order is particularly serious.
Failure to Notify a Change of Address
91.It is a requirement that the offender must notify the Community Service Officer without delay of any change of address. (NB. There is no obligation on the offender to obtain the permission of the Community Service Officer to change address, the obligation is merely to notify the Community Service Officer of the change.) This requirement is important to ensure the smooth administration of the Scheme and to avoid future absences (see paragraph 40-45 above).
92.When the offender is attending for work on a regular basis and meeting all other requirements of the Order, but fails to inform the Community Service Officer of a change of address, the Community Service Officer must decide what disciplinary action to take following the procedures outlined in 82-84 above.
93.Where the Community Service Officer is unable to contact the offender at all and is able to establish that he/she is not living at the last given address, the Community Service Officer should take all reasonable measures to trace where he/she is living and to contact him/her within 2 weeks. Where contact is re-established, the disciplinary procedures to be adopted are those outlined in paragraphs 82-84 above.
94.Where the Community Service Officer has been unable to trace an offender who has changed address without notification, the following action must be taken:
94.1after 2 weeks, a formal recorded delivery letter will be sent to the last known address, issuing a formal warning and inviting the offender to make immediate contact with the Community Service Officer.
94.2after weeks a recorded delivery letter will be sent issuing a final warning and indicating that breach proceedings will be initiated in 7 days time, unless contact has been re-established.
94.3where the offender fails to respond to this final warning the Order will be suspended and breach proceedings initiated.
95.Failure to return from an agreed temporary change of address must be treated as an unauthorised change of address and be followed-up and dealt with as outlined above.
Failure to Notify Change in Employment Circumstances
96.It is a requirement that the offender must notify the Community Service Officer without delay of any change in the times at which he/she works.
97.Where an offender fails to inform the Community Service Officer of a change in employment circumstances, the Community Service Officer must decide what disciplinary action to take following the procedures set out in 82-84 above.
98.In determining what appropriate disciplinary action to take, the Community Service Officer will take into consideration the regularity with which the offender is attending for Community Service work and is meeting the other requirements of the order.
Work Performance Standards
99.Offenders are required satisfactorily to perform the work which they have been instructed to undertake. In determining what constitutes satisfactory performance, the criteria outlined at paragraphs 55, 60 and 72 above will apply.
100.With regards to any unsatisfactory work performance the disciplinary procedures outlined at paragraphs 82-84 above will apply.
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