SWSG Guidance package Index Ref: G1

October 1997

Chief Executives: Scottish Local Authorities

Copy to: Directors of Social Work/Chief Social Work Officers

Holders of SWSG/SWSI Circulars and Guidance Package

Dear Sir/Madam

COMMUNITY SERVICE BY OFFENDERS: FOLLOW-UP TO SWSI REPORT ON DISCIPLINE AND ENFORCEMENT OF COMMUNITY SERVICE ORDERS

Summary

1. This circular provides supplementary guidance to local authorities on the management and monitoring of Community Service Schemes, based on the findings of the SWSI Inspection Report "Realistic and Rigorous". In particular it introduces two amendments to National Standards.

Background

2. The Inspection Report looked at the issues of discipline and enforcement of Community Service Orders (CSO) in 2 local authority areas, the former Highland and Lothian Regions, serving Inverness and Edinburgh Sheriff courts respectively. The inspection had 2 objectives:

to evaluate the extent to which local authority social work staff complied with National Objectives and Standards on discipline and enforcement of CSOs; and

to assess the extent to which the schemes had the confidence of local sentencers.

3. The Report concluded that, overall, the level of service to courts was of an acceptable standard. Where National Objectives and Standards were enforced as intended this had enhanced the credibility of Community Service as a disposal. The Report also identified, however, instances where local management practice and the application of discretionary areas within the Standards had resulted in unacceptable enforcement.

Summary of recommendations

4. The inspection report made 14 recommendations covering the terms and enforcement of National Standards and good management practice. Broadly, nine recommendations (1,2,3,7,8,9,11,12 and 13) relate to general management and practice issues. These include consultation on breach procedures and practice and the introduction of more thorough staff performance monitoring. A further three recommendations (4,5,6) are about local recording and information systems, including absence and case logging and formal means of co-ordinating action between CS staff and supervising Social Workers. Two recommendations (10 and 14) relate to strengthening National Standards. Recommendation 10 considers measures to tighten discretionary elements. Recommendation 14 deals with the timing of breach applications.

5. Following publication of the Inspection Report SWSI consulted local authorities and other key interests on the report’s recommendations and asked all local authorities to report back on the action they were taking to implement them. All authorities have now indicated that they have acted on the recommendations relevant to them. Where necessary operating practices and systems have been modified.

National Objectives and Standards

6. Recommendation 10 and paragraph 55 of the Report identified problems with the application of paragraphs 5 and 6 of the current National Standards (which deal with the use of discretion) in relation to initiation of breach procedures.

7. National Objectives and Standards for Community Service were last revised in 1995. Agreed practice is that standards would not normally be reviewed for 3 years but these issues raised by the inspection report are sufficiently significant to require attention before the next formal review.

8. The rigorous application of disciplinary procedures is essential to maintain the credibility of Community Service with the judiciary and the public. National Standards describe in considerable detail the requirements of acceptable performance by the offender and emphasise the responsibilities of Community Service Officers to enforce these requirements. National Standards also make provision generally and specifically for the use of a measure of flexibility in how these requirements are applied in individual circumstances.

9. The inspection report concluded that the specification of this flexibility was insufficiently precise, allowing more use of discretion in the initiation of breach procedures than was intended or seemed warranted. The report concluded that it is the references to discretion in the application of standards, but not the Standards themselves which require to be tightened. In particular, paragraph 55 recommended amending paragraph 5 of the Standards to allow discretion only in "highly exceptional circumstances." As a result of the consultation exercise it has been decided that this would still be open to interpretation. The existing reference to "exceptional circumstances" will, therefore, remain unchanged. However, in order to achieve a greater measure of control in cases where discretion is being applied, paragraph 6 of the National Standards shall be amended as follows:

6. Where any discretion is exercised under 4 or 5 above, it must always be justifiable. Community Service officers must record their reasons in writing, and these must be endorsed in writing by the relevant line manager.

(Changes are shown in bold)

10. Recommendations 8 and 14 (and paragraphs 39 and 60 of the Inspection Report) identified that existing National Standards did not stipulate a deadline for the submission of breach applications to the court. (Paragraph 101.1 refers to proceeding without delay.) The inspection report found wide variations in practice and some timescales which were too long to safeguard the rigorous and effective processing of applications. There may also have been misunderstandings about whether the timescale should apply to the trigger incident or the Community Service officer’s decision to submit an application. Paragraph 101.1 of National Standards is, therefore, now amended in the following terms:

"101.1 Community Service Officers, having determined that breach action is appropriate, must proceed to initiate breach proceedings by making an application to the court within 5 working days of their decision to take breach action."

(Changes are shown in bold)

Conclusion

11. The changes to National Standards will be incorporated into the next full revision of the National Standards on Community Service. Meantime arrangements to meet the new requirements should be put in place as soon as possible. Confirmation of compliance is required by SWSG by 31 January 1998.

12. A further inspection has now been undertaken on the placements aspect of the National Standards for Community Service. This was carried out in Aberdeenshire, Dundee and Falkirk and the report "A Positive Penalty" was published in July.

Contact Point

13. This circular has been agreed with COSLA. Any enquires should be addressed to Mr A Cockburn, Social Work Services Group, Room 13, James Craig Walk, Edinburgh EH1 3BA, Tel 0131 244 5435.

Yours faithfully

MRS V M MACNIVEN