Scottish Government

ANNEX

Multi-Agency Public Protection Arrangements (MAPPA)

Model Memorandum of Understanding

between

the Responsible Authorities (Police, SPS and CJSW)

and

the Duty to Co -operate Agencies

within the Area of (xx) Community Justice Authority

Statutory Basis

1. Sections 10 and 11 of the Management of Offenders (Scotland) Act 2005 (see Annex to this Model Memorandum) require the Scottish Prison Service, local authorities and the police as responsible authorities in the area of a local authority to jointly establish arrangements for the assessment and management of risks posed by sex offenders subject to the notification requirements of the Sexual Offences Act 2003, violent offenders convicted on indictment and subject to a probation order or statutory supervision on release from detention or prison and other offenders whose conviction leads the responsible authorities to believe that they may cause serious harm to the public.

2. In addition, the legislation also provides the Health Service with a statutory function as a responsible authority to establish joint arrangements for the assessment and management of risk posed by mentally disordered offenders who are restricted patients within the above defined categories.

Duty to Co-operate

3. Sections 10(3) and (4) of the Act provide that in establishing and implementing the joint arrangements, the responsible authorities must act in co-operation with such persons as Scottish Ministers specify by Order. As a result it will be the duty of those persons (includes agencies and bodies) specified in the order to co-operate with the responsible authorities. Co-operation must be compatible with the exercise by those persons and authorities of their other statutory functions. It is intended as a means of enabling different agencies to work together but within their legitimate role whilst retaining their responsibility for action. The Act also provides that the Duty to Co-operate is reciprocal and requires agencies to co-operate with each other. The definition of "co-operate" includes the exchange of information. Both public and other agencies are required to act responsibly and jointly to deliver the requirements of the law and compliance with the Duty to Co-operate will be reinforced through regulation and inspection regimes.

4. Section 10(5) of the Act requires the responsible authorities and the duty to cooperate agencies to develop a memorandum such as this, enabling the practicalities of cooperation to be agreed locally.

5. Section 10(7) of the Act defines the "responsible authorities" who are required by section 10(1) to work together to establish joint arrangements for the assessment and management of risks posed by sex and violent offenders. One of the "responsible authorities" is the local authority. It is envisaged that the responsibility for working on the joint arrangements will lie primarily with the Chief Social Work Officer. However, other local authority services, such as education and housing services, will be required to cooperate in the implementation of this work to discharge the corporate responsibility under this function.

6. The following agencies/ bodies in [xx] area with a duty to co-operate are signatories to this Memorandum of Understanding and include:

Example

• SACRO
• Serco Ltd (delivering electronic monitoring services)
• (XX) Health Board
• SCRA

Principles and Purpose of the Duty to Cooperate

7. This Memorandum has been prepared by the responsible authorities in consultation with the duty to co-operate agencies. It is founded on the principles defined by Part 6 of the MAPPA Guidance and sets out the purpose of the duty to cooperate and how that duty will be delivered by the agencies party to the Memorandum.

8. All agencies involved with sex and violent offenders and party to this memorandum are committed to working on a reciprocal basis by:

• sharing relevant information within agreed protocols and the development of good practice in relation to the assessment and management of MAPPA offenders within the area of the CJA ;

• the effective use of resources to manage those offenders; and

• co-operating in order to develop and sustain public confidence in the multi agency public protection arrangements.

9. The purposes of co-operation are to co-ordinate the involvement of different agencies in assessing and managing risk to enable every agency which has a legitimate interest, to contribute as fully as its existing statutory role and functions require in a way that complements the work of other agencies.

10. The duty to co-operate relates only to the operational, case-related work involved in assessing and managing the risks posed by sex and violent offenders as defined by section 10 of the Management of Offenders etc (Scotland) Act 2005.

11. As previously stated the duty to cooperate is reciprocal. It requires the Responsible Authorities to co-operate with the Duty to Co-operate agencies, and those agencies to co-operate with the Responsible Authorities in assessing and managing the risks posed by sex and violent offenders.

12. Duty to co-operate agencies co-operate only in so far as this is compatible with their existing statutory responsibilities. Therefore, the duty does not require the agencies on which it is imposed to do anything other than what they are already required to do. It does require them to carry out their responsibilities, where these relate to sex and violent offenders, however to do so collaboratively with the Responsible Authorities and the other duty to co-operate agencies.

13. The Responsible Authorities and the duty to co-operate agencies must set out the ways in which they are to co-operate in this memorandum. This document constitutes this agreement.

Practicalities of Co -operation (Example can be added to or amended locally)

14. Agencies involved in the process agree to work together.

Representatives will:

• be in a position to make decisions which will commit appropriate resources based on agreed levels of risk assessment and management.

• participate in the assessment and management of sexual and violent offenders, for the effective protection of the public.
• develop an understanding and respect for the differences in agency role and service provision.
• co-operate within their agency's role and statutory power. It should be noted that the arrangements do not aggregate the responsibility and authority of the agencies involved, it clarifies the role each agency is to play.
• carry out confident, appropriate and effective information sharing in accordance with the law and in line with local Information Sharing Protocols.
• ensure that diversity issues /equal opportunities for both members of the public and offenders are taken into consideration when assessing risk and formulating risk management plans. Equality before the law is an essential principle in the area of criminal justice and it is important therefore that legal obligations in relation to race, religion, sexual orientation, age, gender and disabilities are recognised.
• Attend, where appropriate, MAPPA and other meetings in the delivery of public protection. (In relation to Level 3 MAPPP meetings, each agency will provide appropriate representation at senior level.)

Disclosure of Information

15. Disclosure of information on registered sex offenders is the responsibility of the Chief Constable. The signatories to this memorandum agree that in any situation where the issue of disclosure is a possibility, the case must be referred to the police. Guidance on the issues to be taken into account by the police when considering disclosure is contained in Part 7 of the MAPPA Guidance.

16. Disclosure of information on other offenders subject to the MAPPA should only be undertaken following discussion with the Responsible Authorities and other duty to cooperate agencies involved.

Information sharing

17. The signatories to this memorandum agree to work to the principles of the Concordat on Information Sharing for Sex Offenders including:

• the implementation and review of national standards (Annex 2 of the Concordat) and
• the adoption and use of the definitions agreed. (Annex 3 of the Concordat.)

18. The protocols appended to this Memorandum provide the basis of the information to be shared between each agency which is a signatory to this memorandum. (N.B.: the Responsible Authorities and Duty to Cooperate agencies should develop protocols on information sharing).

Dispute Resolution

19. The primary objective of the MAPPA is public protection. There will be occasions when the responsible authorities and/or the duty to cooperate agencies cannot reach agreement. The Memorandum should therefore contain an agreed protocol for speedy dispute resolution. It should be noted however that the responsible authorities and duty to cooperate agencies still retain statutory responsibility for discharge of their statutory function.

Annual Report

20. The agencies party to this Memorandum agree to cooperate with the responsible authorities in the preparation of the annual report under section 11 of the Management of Offenders etc (Scotland) Act 2005 e.g. in the provision of statistics, case studies etc

Risk Proofing and Quality Assurance

21. Agencies involved in MAPPA should agree to ensure that they have processes in place for risk proofing and quality assurance of their functions and duties.

Media Handling Strategy (Example)

22. The management of MAPPA offenders requires effective partnerships between all agencies. This includes a joint approach to the media and handling of publicity.

23. The agencies party to this memorandum agree to the following media strategy in relation to the provision of information on individual cases and on the operation of the MAPPA arrangements.

The strategy should include but is not limited to the following:

• The responsible authorities i.e. police, social work, SPS and health board will designate a senior member of staff as a communications or media spokesperson to whom all routine and emergency enquiries or concerns can be referred by the duty to cooperate agencies

• The responsible authorities will liaise with duty to cooperate agencies to ensure that they are aware of media attention or impending media reports.

Status of the Memorandum of Understanding

24. This Memorandum is a working document and subject to review and may be altered at any time to reflect changing circumstances. Such changes will be subject to the agreement of all parties.

25. The review of this document will take place on [Set date for review]

26. The parties to this Memorandum are: [List parties]…….

ANNEX