The Scottish Government

Directors of Social Work/Chief Social Work Officers

Criminal Justice Social Work Service Managers

Our ref: Circular No: JD/01/2009

Replacement of Previous Circular - SEJD/14/2001

27 February 2009

Dear Sir/Madam

COMMUNITY SERVICE BY OFFENDERS

REQUIREMENT FOR MEDICAL CERTIFICATES FROM OFFENDERS WHO FAIL TO ATTEND BECAUSE OF SICKNESS

Summary

This circular concerns the British Medical Association (BMA) "Collaborative Arrangements", for fees in respect of medical certificates required for absences from Community Service placements due to ill health. It replaces the existing notification, SEJD/14/2001.

Notification

With immediate effect, the setting of the fee payable for a report and opinion from a GP under BMA "Collaborative Arrangements" for a certificate for medical absence from a Community Service placement will no longer apply.

Background

Paragraph 4.10 of chapter 4 'Discipline' contained in the guidance on Community Service to Support Revised National Standards' require that offenders should complete a self certification form for a period up to 7 consecutive days if unfit to work. However, if the offender is unfit to work at any other time between the end of their self certified absence and the next 6 weeks, a medical certificate will be required.

Working Arrangements

The offender should be responsible for obtaining a medical certificate from his/her own doctor, and should agree the fee for payment or obtain an account for any necessary fee agreed with the GP for what is essentially a private matter. There is nothing to require a patient to obtain a certificate from their NHS GP if they object to the amount to be charged.

The criminal justice social work service should arrange payment of all fees claimed in relation to these medical certificates. The costs of the fee should be refunded to the offender where he/she produces a receipt. Where an account has been obtained payment should be made direct to the doctor. Expenditure incurred against the cost of these fees is eligible for inclusion under Core Service costs.

Copies of medical certificates should be retained on file until the offender has completed the order or until court proceedings for breach of an order have been completed.

Service Managers should ensure that all staff involved in the provision of Community Service, and all holders of National Objectives and Standards are made aware of these revised arrangements.

Contact Point

Enquires about any aspect of this circular may be addressed to Mr C O'Neill, Justice and Communities Directorate, Community Justice Services Division, GWR, St Andrews House, Regent Road, Edinburgh, EH1 3DG or by telephone on 0131 244 3549.

Yours faithfully

BRIAN COLE