29 March 1995

Dear Sir/Madam

SOCIAL WORK SERVICES IN THE CRIMINAL JUSTICE SYSTEM: NATIONAL OBJECTIVES AND STANDARDS

IMPLICATIONS OF LOCAL GOVERNMENT RE-ORGANISATION

Summary

1. This Circular is intended to assist existing and shadow local authorities in making arrangements for the organisation, management and delivery of social work services in the criminal justice system following local government re-organisation in April 1996. The aim is to help ensure the continued delivery of criminal justice social work services to National Standards and the maintenance of quality and continuity of service over the transition.

NATIONAL STANDARDS

2. National Standards governing arrangements for the organisation, management and delivery of criminal justice social work services included in the comprehensive National Objectives and Standards for Social Work Services to the Criminal Justice System" were issued by SWSG in February 1991. National Standards will continue to apply after April 1996 and will underpin the arrangements for continuing 100% central government funding of the bulk of criminal justice social work services.

3. Part I of the National Standards, covering organisation and management and finance, is currently being revised, in consultation with COSLA, to reflect re-organisation and practice developments since first introduction of the standards. In the meantime, this Circular confirms the principles in relation to organisation and management which will continue to apply to the operation of National Standards and which should inform local authorities in the formulation of proposals and decisions about future service arrangements. These principles are drawn from existing standards and the experience of implementing them over the last 4 years, including the findings of recent SWSI inspection reports.

GENERAL PRINCIPLES RELATING TO ORGANISATION AND MANAGEMENT

5. Local authorities will continue to be responsible for organising, managing and providing social work services in the criminal justice system. The local arrangements they make must however ensure achievement of National Objectives, Priorities and Standards for these services and seek to secure the confidence of the judiciary, other criminal justice

agencies and the wider public in the provision of these services. They must also reflect the priorities set out in the national planning statement issued annually by SWSG.

6. The new authorities will be accountable to the Secretary of State for ensuring that the range of criminal justice services 100% funded by SWSG are provided in relation to those who are charged with, or convicted of, offences and who reside, or will reside, in the local authority area. Whatever organisational arrangements are adopted by the new authorities, they must meet the criteria set out, or to be set out, in the Standards. These include:

6.1 A coherent approach to the delivery of criminal justice services (Part 1, paragraphs 8, 29.3).

6.2 The costs of the service can be clearly identified (Finance Section).

6.3 Services are provided where required by specialist criminal justice staff (ibid, paragraph 29.2).

6.4 Roles and responsibilities of staff are cleary defined (ibid, paragraph 19).

6.5 Lines of accountability must be clear (ibid, paragraph 19).

6.6 Staff have the appropriate knowledge and skills for the job (ibid, paragraph 22).

6.7 Where other than full-time staff are engaged on criminal justice services, staff time allocated to criminal justice work is not diverted for other purposes (ibid, paragraph 29.2).

6.8 Sufficient flexibility is built into staffing arrangements to allow for co-operation between criminal justice and other services (ibid, paragraph 21).

6.9 The organisation and management of criminal justice services is fully aligned with systems for organising and managing other social work services (ibid, paragraph 18).

ORGANISATION AND MANAGEMENT CAPACITY

7. Within the flexibility available to them to determine organisation and management structures which best reflect local circumstances, local authorities should ensure that they have the capacity to meet the service requirements of courts and other criminal justice agencies; to undertake effective strategic and operational planning; and to exercise management oversight and accountability for their criminal justice services within available resources.

8. Where a local authority decides that requirements to meet National Standards can best be achieved by obtaining services from another local authority or other agency, service specifications will require to be prepared, service level agreements negotiated and appropriate arrangements made for monitoring performance, evaluating outcomes and assessing value for money.

ORGANISATION AND MANAGEMENT STRUCTURES

9. It is for each authority to determine what detailed service arrangements are best suited to their area and, in accord with National Standards, to consult SWSG about the organisation and management systems they propose to adopt under 100% funding arrangements.

10. When National Standards were introduced, The Scottish Office considered that, in order to deliver effective services, it would be necessary for local authorities to designate staff to specialise in criminal justice work (ibid, paragraph 29). This view has since been confirmed by the recent SWSI Inspection into the Implementation of National Objectives and Standards and the recent Review of the Management Competencies Required by Principal Officers in Offender Services. Both these reports found that the degree of specialisation built into the arrangements for organising, managing and delivering criminal justice social work services is a significant influence on the capacity of the organisation to deliver effective services.

11. In developing service arrangement authorities will therefore be expected to continue to apply this principle in their overall approach to staff deployment. In practical terms this means that:

11.1 As indicated in the Department’s consultative draft circular, issued on 6 March 1995, the Chief Social Work Officer appointed by the authority will have oversight over all social work services provided or purchased by the authority, including of criminal justice social work services.

11.2 In order the meet National Standards, the authority will require to appoint a postholder with responsibility for ensuring the effective management and delivery of criminal justice services and to assist their alignment with other social work and relevant services provided by the authority. The postholder should be part of the departmental senior management team, or have direct access to it, and have appropriate experience, skills and knowledge. For most authorities, it is expected that this will require a full-time post.

11.3 First line managers should, wherever possible, be wholly dedicated specialists.

11.4 Main grade staff should specialise to the greatest degree consistent with an efficient and effective approach to delivery criminal justice social work services.

12. While prison-based social work is funded by The Scottish Prison Service, National Standards for Throughcare currently under review will emphasise that throughcare (prison-based social work and community-based aftercare services) should continue to be provided by SPS and authorities on an integrated and co-ordinated basis. Organisation and management arrangements within authorities must continue to reflect this.

TRAINING

13. Authorities must continue to ensure that all staff providing criminal justice social work services have the necessary competence to do the job to the required standard and have access to appropriate training.

PLANNING

14. Further guidance will be issued, in consultation with COSLA, on the preparation by authorities of annual planning statements for 1996/97 and other planning issues.

CONCLUSION

15. It is anticipated that the revised National Standards, incorporating this guidance and including revised financial standards, will be issued later in 1995.

16. In the meantime, any questions should be addressed in the first instance to Mr J Kirby, Social Work Services Group, Room 16, James Craig Walk, Edinburgh

(telephone 0131 244 5438).

17. The contents of this Circular have been agreed with COSLA.

Yours faithfully

LESLEY CLARE