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MAPPA IN FIFE AND FORTH VALLEY

Area Summary

Fife and Forth Valley Community Justice Authority ( FFVCJA) is a large and diverse geographical area that encompasses four local authorities, two police forces and two NHS Areas, as well as three prisons (Polmont Young Offender Institution; Cornton Vale women's prison; and Glenochil, a prison for adult males).

Fife Local Authority has co-terminus boundaries with Fife Police Force, and NHS Fife.

The three local Authorities within the Forth Valley (Falkirk, Stirling and Clackmannanshire) are similarly co-terminus with NHS Forth Valley and Central Scotland Police Force. Separate MAPPA arrangements have been established in Fife, and in the Forth Valley. A MAPPA co-ordinator for each area manages the arrangements on behalf of those responsible authorities.

The Chief Officer of the Fife and Forth Valley CJA is a member of both the Fife Offender Management Group and the Forth Valley Strategic Management Group.All relevant offenders are notified to the respective MAPPA co-ordinators and, where a multi-agency response is required to manage the case, they are scheduled into regular meetings, attended by the Responsible Authorities and "Duty-to-Cooperate" Agencies. (See "Roles and Responsibilities")

Who is managed through MAPPA?

In Scotland the implementation of MAPPA has been phased and currently extends to Registered Sex Offenders ( RSOs) and Restricted Patients ( RPs).

RSO's refer to offenders subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (as defined within Section 10 of the Management of Offenders etc (Scotland) Act 2005).

Restricted Patients are defined within Section 10, 11 (a)-(d) of the Management of Offenders etc (Scotland) Act 2005:

(a) Persons subject both -

(i) to an order under paragraph (a) (order for detention in specified hospital where accused found to be insane) of section 57(2) of the Criminal Procedure (Scotland) Act 1995; and

(ii) to an order under paragraph (b) (special restrictions) of that section.

(b) those subject both -

(i) to a compulsion order under section 57A of that Act (order for detention in specified hospital etc.); and

(ii) to a restriction order under section 59 of that Act (provision for restrictions on discharge).

(c) those subject to a hospital direction under section 59A of that Act (direction authorising removal to and detention in specified hospital); or

(d) those subject to a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (transfer of prisoners for treatment for mental disorder).

The essential criteria for inclusion of RPs within the MAPPA legislation, is that the restriction or compulsion order made under the above legislation is " without limit of time".

Work is on-going with the Scottish Government to agree the operational detail of extending the arrangements to violent offenders.

Summary of MAPPA Offenders

There are 3 categories of offender eligible for MAPPA:

• Registered sexual offenders (Category 1) - sexual offenders who are required to notify the police of their name, address and other personal details and notify any changes subsequently;
• Violent offenders (Category 2) - offenders convicted on indictment of crime inferring personal violence and who are on probation or subject to licence following release.
• Other Offenders (Category 3) - offenders who do not qualify under categories 1 or 2 but who have been convicted of an offence which leads the responsible authorities to believe that they continue to pose a risk of serious harm to the public and require multi agency management. Restricted Patients fit into this category, even if they would have a requirement to register as a sex offender if they were not restricted.

How are they managed?

There are 3 levels of management that are based upon the level of multi-agency co-operation required to implement the risk management plan effectively. Offenders will be moved up and down levels as appropriate:

• Level 1 - Ordinary Management
  The identified risk can be managed by one agency without significant active involvement by other agencies. There is still an expectation that information will be shared and there will be joint working and collaboration between agencies.
• Level 2 - Multi-agency Management
  The risk management plans for these offenders require the active involvement of several agencies via regular multi-agency public protection meetings.
• Level 3 - Multi Agency Public Protection Panel
  As with level 2, but these cases additionally require the involvement of senior officers to authorise the use of special resources and/or to provide ongoing senior management oversight. These cases are generally assessed as presenting a high or very high risk of harm and are the critical few.

Context

In all of our communities there have always been sexual offenders, though previously they were treated in the same way as other offenders and disappeared once their sentence was complete, until or unless they offended again. Registration and the MAPPA system provide management, control, and monitoring which extends well beyond the headline sentence.

There is no typical sexual offence and no typical sex offender - not all sexual offences or offenders are significantly problematic or dangerous to the public. The vast majority of sexual offending is committed by people known to their victim; whether a family member, friend or acquaintance.

Sexual offences cause considerable anxiety and although reconviction rates are very low the public are understandably concerned about sex offenders and the risk they might present. Managing the risks posed by sexual offenders within the community is a complex task cutting across the organisational boundaries of local authorities, police, prisons, housing and health services. It is recognised that members of the public are vital partners in public protection. It is important that they are aware of their responsibility to protect vulnerable members of the community and have confidence to report any concerns they may have.

Although risk can never be eradicated the authorities are continually strengthening arrangements and are committed to improving public information and it is hoped that this second annual report will improve reassurance and awareness of how known sex offenders are managed across Scotland and of continuing improvements in public protection.

ROLES AND RESPONSIBILITIES

Section 10 of the Management of Offenders etc (Scotland) Act 2005 requires the Responsible Authorities to jointly establish arrangements for the assessment and management of the risks posed by serious sexual and/or violent offenders and to co-operate with each other in the establishment and implementation of these arrangements.

Responsible Authorities

Are defined by legislation and are as follows;

Police

The police have a duty to uphold the law by preventing crime, preserving order and protecting life and property. In respect of registered sex offenders, the police maintain an accurate record of those persons in the police force area who are required to register with the police under the sex offender legislation; monitor by visiting to prescribed timescales; to initiate enquiries where such persons fail to comply with the requirements placed upon them; to participate in the multi agency process established for assessing and managing the risk presented by sex offenders or other potentially dangerous offenders in the community; and to develop, in conjunction with partner agencies, risk management plans for the purpose of monitoring and managing sex offenders.

Fife Constabulary and Central Scotland Police Force currently manage approximately 470 registered sex offenders in the community. Members of each force's Offender Management Unit carry out day to day supervision. In these units, officers work exclusively on managing this offender group within MAPPA guidelines and individual force structures and procedures.

MAPPA requires all of the responsible authorities to work jointly on the ongoing development and management of local arrangements, in line with the National Guidance. The Police liaise and work jointly with Local Authorities, Scottish Prison Service and NHS colleagues both in the development and management of MAPPA and in the case of individual offenders, to carry out the necessary assessment and day-to-day management of risk.

Effective management of registered sex offenders depends on detailed intelligence and knowledge of the offender's psychosocial history and current lifestyle. This is a dynamic process and regular assessments are made to identify any intelligence gaps. Intelligence and information is collated and shared using a range of police techniques and a range of police specific and shared databases, i.e. " VISOR". Police officers in the Offender Management Units are trained in the use of approved specialist sex offender risk assessment tools.

Police also have responsibility for undertaking any disclosure action, which first has to go through a stringent scrutiny and approval protocol before final approval by the Chief Constable.

Local Authorities

Within each Local Authority there are a number of departments or subsections which need to come together as required within MAPPA to contribute to the safe management individual cases. Amongst these are;

• Criminal Justice Social Work ( CJSW)

Local authorities provide a range of social work and social care services, including the provision of services for adult offenders (16 yrs and above). In England and Wales the National Probation Service would provide many of these services. The core criminal justice social work functions are;

• The provision of assessment reports to the courts and Parole Board;
• Supervision of post-release licences,
• Probation,
• Community Service,
• Drug Treatment and Testing Orders,
• Structured Deferred Sentences
• Supervised Attendance Orders

CJSW is also responsible for the supervision of post-custodial licences, including sex offenders sentenced to 6 months or more. All local authorities also provide a Throughcare Addictions Service ( TAS) that can be accessed by short-term prisoners. All persons leaving custody are entitled to request voluntary aftercare for up to 12 months after leaving custody.

National Objectives and Standards for Social Work Services in the Criminal Justice System require that reports to court or the Parole Board should include a risk assessment. All action plans for people on probation or licence should include a risk management plan aimed at reducing the risk of re-offending or of serious harm. This plan should contain details of how the risk factors identified in the assessment will be controlled or reduced and monitored. This plan determines the content and intensity of supervision. If an offender fails to comply with supervision he or she may be reported to the court or Parole Board and re-sentenced or recalled to custody

Conditions within the order or licence may include:

• Living only in accommodation if approved by supervising social worker
• Participating in structured treatment programmes
• Co-operating with substance misuse service
• Having no contact with children under the age of 17
• Curfew
• Restrictions on type of employment

Virtually all sex offenders will be subject to either a probation order, or one of several licences or orders imposed on release from prison. This ensures a period during which restrictions, control and monitoring, as well as work in treatment or rehabilitation programmes can be imposed.

This whole process is determined, implemented, and reviewed jointly through the MAPPA arrangements.

The Irving Report ( "Registering the Risk: Review of Notification Requirements, Risk Assessment and Risk Management of Sex Offenders", Professor George L. Irving, July 2005) recommended that when risk assessment is undertaken in respect of a sex offender, the assessment should be completed jointly with the police; the police should be notified of any change to the risk assessment and at the end of supervision a further joint risk assessment should be undertaken. In Fife and Forth Valley, joint work between police and criminal justice social work has been relatively advanced for several years and the joint training and practice in risk assessment has become the standard approach

• Housing

Housing is a key issue for many sex offenders who cannot return to their own home or family, for reasons related to victims or public reaction.

The National Accommodation Strategy for Offenders ( NASSO) states;

"Once they have served a sentence for their offence, sex offenders - as with all offenders - require to be reintegrated within the community. Extensive research and reviews by experts have shown clearly that stable housing arrangements and effective monitoring are key to minimising the risks posed by sex offenders. Stable accommodation contributes both to the successful rehabilitation of the offender and to the protection of the community in which that person lives. Not all sex offenders are imprisoned, and the requirement for stable accommodation applies equally to those who are not imprisoned.

In particular, more specific studies have shown that:

• Support coupled with stable accommodation can directly address the risk factors associated with further offending, and enables individuals to benefit from supervision and other forms of treatment
• Offenders whose main problem was housing or accommodation were significantly less likely to complete behaviour modification programmes than offenders who did not have that problem
• Placements in tenancies can support on-going risk management by all of the agencies involved where formal protocol arrangements are in place to enable exchange of sensitive information about individuals"

NASSO also created the role of SOLO (Sex Offender Liaison Officer).and describes it thus;

"The SOLO role involves:

• Identifying the most appropriate housing provider following risk assessments carried out by the Responsible Authorities
• Ensuring that, when an appropriate housing provider has been identified the housing provider is included by the Responsible Authorities in the arrangements set out in the Memorandum of Understanding relevant to the identification of appropriate housing and the management of risk
• Liaising proactively with Responsible Authorities and housing providers on ongoing risk management and community safety issues

The SOLO leads on surveying neighbouring accommodation for vulnerable people or places that may have significance in terms of potential victims. Police and Social Work make an essential contribution to this process by interrogating their databases to ascertain what risks may be presented by housing an offender at a particular address. This process is referred to as "address profiling". The risk assessment and management of an offender's address is a crucial and fundamental part of offender management. The address profiling process that operated in Forth Valley prior to MAPPA, was drawn upon in devising the NASSO. One obvious limitation is that the Responsible Authorities can only consider information they have access to in this process.

(Fife and Forth Valley councils have ceased using the term " SOLO" in the functionary's job title to avoid publicly identifying service users within their remit as sex offenders)

• Other Social Work Services

In addition to CJSW, Local Authorities are required to provide Social Work Services in respect of;

• Young Offenders and Children who Offend
• Child protection and promoting child welfare.
• Vulnerable adults (those aged over 16 who, by virtue of, or may be disadvantaged by, physical or emotional frailty, old age, intellectual impairment caused by disability or illness, mental illness or other mental health problems and who are unable to take care of themselves or unable to protect themselves from significant harm.)

All of these services are overseen by the Chief Social Work Officer.

Scottish Prison Service

The Scottish Prison Service ( SPS) is responsible for carrying out risk and needs assessments to assist in determining the management of the prisoner during sentence and in preparation and planning for release. SPS works together with the offender's supervising officer from CJSW and prison-based Social Workers throughout this period. This is referred to as Integrated Case Management ( ICM). SPS operates an accredited Sex Offender Treatment programme at one of its specialist prisons, under the supervision of Psychologists experienced in this field of work

(For further details and statistics see the SPSannex to this report)

NHS

NHS Fife and NHS Forth Valley are members of the MAPPA strategic and operational Groups within their respective areas.

Whilst a "Duty to Cooperate" agency in respect of Registered Sex Offenders, resource limitations preclude routinely providing Health representatives at all RSOMAPPA meetings. In exceptionally high risk cases, and where there is already significant involvement from Health, a representative will participate.

Forensic clinical psychology has much to contribute to the management of high-risk offenders. Clinical psychologists are qualified and experienced in the use of a wide range of assessment tools. However this is an expensive process in an environment where there are many competing demands upon Health resources. The process of assessing, negotiating and committing appropriate resources will continue to be an issue as the workload grows.

MAPPA for Restricted Patients

Restricted Patients within MAPPA are those subject to detention or restriction under the terms on the Mental Health (Scotland) Act, and who are also sexual or violent offenders.

The inclusion of Restricted Patients within MAPPA from April 2008 raised the remit of Health to Lead Responsible Authority for those cases. Developmental issues have been early difficulties in establishment and implementation of the arrangements for Restricted Patients, and are linked to broader resource issues. These problems have been experienced in CJA areas across Scotland. Despite this, all Restricted Patients are now being effectively jointly assessed and managed through the arrangements linking the Enhanced Care Programme Approach and the MAPPA system.

The Forensic Psychiatric Adviser at the Scottish Government Health Directorate and the team of caseworkers for Restricted Patients continue to provide guidance and advice.

"Duty to Co-operate" Agencies

The Responsible Authorities recognise there are challenges ahead as the work of MAPPA expands. Essential in meeting and servicing these challenges are our good working links and relationships with our local "duty to cooperate" agencies.

This applies both in individual case management and in the development of appropriate support services and contingency responses.

The effectiveness of public protection depends on a coordinated collaborative response.

Sections 10(3) and (4) of the Management of Offenders Act stipulate that in establishing and implementing the joint arrangements, the Responsible Authorities MUST act co-operatively with the "Duty to Co-operate Agencies", who are specified by the Scottish Parliament.

A variety of agencies fall into this category. These include housing providers, electronic monitoring provider SERCO, and all organisations that contribute services in respect of risk management on behalf of a local authority. In Fife and Forth Valley, SACRO and APEX are two such examples. The Responsible Authorities also have a duty to co-operate with each other. Services such as Children and Families Social Work, Housing, and Education Departments must co-operate where appropriate to fulfil the corporate responsibilities of the local authority.

Fife Council has an exceptional number of Registered Social Landlords in their area, such as Housing Associations and private landlords. This requires extensive work in terms of cooperation in MAPPA.

Co-operation specifically includes the duty to share information, although the duty is not limited to this.

WORKING WITH OFFENDERS

Sexual and violent offenders are resident in all communities and the physical and emotional impact of such offending upon victims can be extremely damaging. MAPPA enables information regarding the assessment of the risk posed by such individuals to be effectively shared to enable the preparation of effective risk management plans. The risk posed by any individual can change at short notice and requires a swift response to control and minimise the risk to the public. All appropriate and proportionate steps are taken which may include disclosure to appropriate persons in the community. The MAPPA partners strive to minimise the risk as far as possible. However despite diligence and exacting procedures to minimise the risk, it will never be possible to eliminate risk completely.

Risk Assessment

This process involves identification of Risk Factors, i.e. factors that underpin an individual's propensity and decision to offend. These risk factors fall under two broad categories:

• Historic factors that are not subject to modification such as an individual's previous conviction, age, developmental history etc, and
• Dynamic factors that are subject to fluctuation. ( e.g. relationships, illness, unemployment etc) These fluctuations can also lead to an increase in risk and as such should be monitored at more frequent intervals.

There are two risk assessment tools used across agencies to assess risk presented by Sex Offenders. These tools chart the significant factors and assist in the assessment of risk. Conventionally, risk is considered on two levels. These are the risk of re-conviction, and the risk of serious harm to others that a further offence would involve.

With Restricted Patients, there is a range of structured clinical assessment frameworks available to health professionals, though the " HCR 20" (evaluates and collates 20 Historical and Clinical Risk factors) is recommended and probably best suited to the MAPPA purpose.

Risk Management

Risk management is conducted at various levels by all the agencies involved. Strategies centre on changing the offenders' attitude and behaviour and imposing external controls.

Attitude and behaviour are addressed through the Sex Offender Treatment Programme and individual casework. This attempts to motivate the offender to identify his own risk factors, and employ avoidance strategies once he recognises signs that he is re-entering the kind of behaviour and thought patterns that previously culminated in an offence. The external controls can include curfew, visits by agencies, surveillance, intelligence gathering from associates, and Court Orders to prevent the offender from visiting certain areas such as parks or swimming pools. If necessary, the most robust management can involve all of these elements to manage the offender.

With Restricted Patients the legal power of the Restriction Order carries the ultimate ability to withdraw the patient from any community contact. A standard and sophisticated care management plan has been introduced nationally as part of the Enhanced Care Programme Approach. This details all possible scenarios which could indicate an increase in risk, and the commensurate actions which will be implemented to manage that.

Community Sex Offender Groupwork Programme ( CSOGP)

CSOGP is an intensive group work programme validated in Scotland and utilised by all Criminal Justice Services in Scotland as the preferred intervention for sex offenders. Within the Fife and Forth Valley area, the programme has been running for several years prior to MAPPA arrangements, and is jointly provided by trained and qualified staff from CJSW and SACRO. This and other programmes aim to develop within the offender an acknowledgement of responsibility for their behaviour, a motivation to change it, and strategies for controlling it. The successful combination of the offender's own internal controls, and external controls imposed by supervising authorities provides the best prognosis for successful risk management and public protection.

The full programme consists of an induction phase, the core groupwork phase, and a relapse prevention group. Offenders are assessed using accredited psychometric tests, and then must complete the appropriate components of the programme. Depending on the assessment an offender could be in the programme for up to 18 months.

ViSOR

The Violent & Sex Offender Register is an information and risk management database allowing the sharing and rapid dissemination of information countrywide between the agencies involved in the management of offenders. This database is a working tool that addresses previous significant flaws in the sharing of relevant information that has been highlighted in inspections of all agencies involved in offender management.

The MAPPA process in action

At the point of conviction and before sentence is passed, the court will notify police offender management units of the offender's requirement to register. Criminal Justice Social Work will usually be required to prepare assessments and reports with potential risk management plans to aid the court in passing sentence.

All Fife and Forth Valley areas hold a joint assessment and planning meeting in the MAPPA format to assist the preparation of these reports, and to have plans in place ready for whatever sentence the court passes.

If the court passes a community-based sentence such as probation, then the content of the management and treatment plan is implemented as outlined below, without the offender first going through prison.

If a prison sentence is passed and it is of sufficient length, the offender will be required to undergo treatment programmes during their time in prison.

When an offender is due to leave prison a number of agencies, including "duty to cooperate" agencies, become involved at different points. Their involvement varies, dependent upon the risk assessment and management plan for the individual.

Contact will have been maintained by the community based Criminal Justice Social Worker with the offender and Prison staff during the custodial part of the sentence. This would also involve information regarding progress within the prison regime and any treatment provided, and monitoring any attempt at potential victim contact or networking with other offenders.

An official notification from the prison to the local MAPPA Coordinator is required at a statutory point before release, containing comprehensive up to date information regarding the prisoner. This referral should be informed by a meeting involving all appropriate agencies involved in supervision. Preliminary plans for release and management in the community, including interventions and accommodation, and are drawn up at this point.

The proposed accommodation is subject to scrutiny by the Police, Social Work and Housing in terms of the vulnerability of neighbours etc.

Upon release the offender reports to his supervisor and the offender will have to register at a police station and record a number of personal details that are used for intelligence purposes. He will also receive a visit at home from the police Offender Management Unit.

In most cases there is a requirement to engage in Groupwork to address offending as well as structured work with a supervisor. A curfew (possibly monitored by electronic tag) may be one of the conditions of his release as well as exclusions from contacting previous victims. For individuals who have previously targeted children there will also be a condition to prohibit all contact with children. During the supervision process a mandatory risk assessment is carried out and updated on every contact with the offender, to alert MAPPA partners to any increased risk detected.

The case is regularly reviewed by MAPPA at intervals prescribed according to level of risk. Cases may be reviewed more frequently than prescribed if the MAPPA meeting determines it.

If the offender establishes inappropriate contact with anyone, disclosure of the offender's status to that individual is an option that is considered. Additionally there is the potential for the prisoner's recall to prison.

At the end of the supervision licence period the offender will usually continue to be subject to Sex Offender Registration requirements, which could be for life. Police supervise the registration requirements and if there is a need to continue to impose controls, application to the court for a Civil Order such as a SOPO ( see glossary of terms) is an option.

WORK WITH VICTIMS

A victim notification scheme is in operation throughout Scotland whereby, subject to certain conditions, the victim can be notified of the offender's release. This requires the victim to register with the scheme through the Procurator Fiscal at time of conviction. The number of victims opting in to this scheme is relatively low. This is an area in which further development is required to engage the victim perspective in the management of the offender.

Victim Support Services exist in all Fife and Forth Valley local authority areas. Trained volunteers and staff deliver services to victims of crime, working to national standards for these services.

The Victim Information and Assistance Service ( VIA) and a Witness Support Service are based in every Sheriff and High Court. Trained volunteers, supported by paid staff, offer a service to all witnesses who attend court, both for the defence and prosecution.

The "Victim Support" organisation works to improve and increase knowledge about victims and witnesses through research studies, projects, and appropriate publicity and information materials. Many of the trained volunteers have attended courses that look at the needs of victims affected by Rape, Sexual Assault or Domestic Violence.

DIVERSITY ISSUES

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.

Therefore diversity issues/equal opportunities for both members of the public and offenders are examined and taken into account when assessing risk and formulating risk management plans.

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