The Scottish Government

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Scottish Executive Justice Circular JD/6 /2006)

24 March 2006

Dear Sir/Madam

SOCIAL ENQUIRY REPORTS (SER) - AMENDMENTS TO NATIONAL OBJECTIVES AND STANDARDS - REQUIREMENT FOR NEW SER

1. Introduction

This circular notifies changes to the National Objectives and Standards for Social Enquiry Reports (SER). The existing paragraph 6.5 of the SER standards states that a new full SER is always required after a period of 3 months after the previous report. This is now emended to allow discretion to provide only a supplementary report in appropriate circumstances for a period of up to 6 months. In conjunction with this amendment this circular also provides revised guidance on the completion of supplementary SER with a new paragraph 7.13 replacing the existing paragraphs 7.13-7.15 inclusive.

2. Background

In response to concerns expressed from a number of quarters about the levels of criminal justice social work resources required to be devoted to the preparation of reports for courts at the possible expense of other areas of work, the Community Justice Services Division of the Justice Department convened a short-life working group to look at the issue. Membership of the group which comprised representation from the Association of Directors of Social Work (ADSW), the Sheriffs' Association, the Scottish Court Service (SCS) and the Social Work Inspection Agency (SWIA). The group was assigned the following remit:

"To review the potential for reducing the amount of activity and resource currently devoted to dealing with courts' requests for social enquiry reports in the light of recent significant increases in the numbers of such reports being submitted."

In a report to all agencies involved the group made a number of recommendations which have now been agreed. One of these recommendations was that given that in many cases there may be no significant change in an individual's circumstances in a period of 3 months report writers should be given discretion to use a supplementary report for a period of up to 6 months.

3. Revised Paragraph (6.5)

The existing paragraph 6.5 is replaced by the following

A new full SER is always required where 6 months have elapsed from the previous full SER. In the case of a request for a report up to 3 months from the previous SER a supplementary report should be provided. In cases where a request for a report is received between 3 and 6 months from the previous SER the report writer has discretion to provide a supplementary report with the previous SER in cases where it is considered that has been no significant change in circumstances. In all other cases a full SER should be completed.

4. Revised Paragraph 7.13 - Guidance on Completion of Supplementary SER

The following revised paragraph 7.13 replaces the existing guidance on the completion of supplementary SER contained in paragraphs 7.13-7.15 inclusive

7.13 Supplementary reports can be used in a variety of situations when an earlier full SER has been prepared. Supplementary reports should

7.13.1 Begin with an opening paragraph indicating that the report supplements an earlier report.

7.13.2 Provide an update focusing on any significant events and changes that have occurred, since preparation of the of the earlier report.

7.13.3 In those instances where a supplementary report is being provided following a period of sentence having been deferred, review feasible sentencing options which may be open to the court.

5. Commencement

These amendments come into effect from the date of this circular. Please ensure that all relevant staff are made aware of the new arrangements.

6. Contact Point

If you have any queries regarding the contents of this circular please contact Alan Cockburn on 0131 244 5435 or e-mail alan.cockburn@scotland.gsi.gov.uk

Yours sincerely

BRIAN COLE