| FOREWORD Summary
This package contains all the guidance issued by the Social
Work Services Group (SWSG) and the Social Work Services Inspectorate (SWSI) of The
Scottish Office to local authorities since 1967, which is still in force. All other
circulars and guidance issued by SWSG since that date have been cancelled.
Introduction
The reorganisation of local government in Scotland provided
an opportunity to SWSG to review and revise its guidance. Since it was important that all
new authorities should start with a complete set of up-to-date guidance, it was essential
that SWSG should review what was current and remove what was obsolete. The result of this
exercise was a reduction in the number of circulars and Dear Director letters from almost
700 to 142. All the remaining circulars have been revised to bring them up to date, with
two exceptions: those circulars dealing with children’s issues and those dealing with
access to personal records. These circulars have been reissued with only minor revisions
but they will be comprehensively revised to take account of the Children (Scotland) Act
1995, and the rules, regulations and changes in guidance which will follow as part of the
implementation of that Act, and the implications of the Age of Legal Consent (Scotland)
Act 1991. This process will take place in the course of 1996 and revised versions of these
circulars will be issued as they are prepared.
As well as changes to update the content of the circulars,
changes have also been made to the format. The dates of issue and numbers of the original
circulars have been retained for reference purposes. However, the circulars themselves
have a letter heading reflecting the fact that SWSG is now located in James Craig Walk in
Edinburgh. Also the contacts and signatories of the circulars have been brought up to date
and contain the names of officials in post at the time of the revised package.
Status of the Guidance
The guidance package contains circulars of the following
kinds:
(a) Circulars Accompanying Regulations or Orders
Regulations and orders are types of subordinate legislation
made by the Secretary of State under statutory powers. They take the form of a statutory
instrument and are subject to Parliamentary procedure. A circular may draw the attention
of local authorities to the making of regulations and their contents. A copy of the
regulations will be attached for those organisations which are primary users. Others may
obtain copies from HMSO. Local authorities must comply with the terms of the regulations.
(b) Circulars Accompanying directions
The Secretary of State has the power to issue Directions to
local authorities under section 5(1A) of the Social Work (Scotland) Act 1968. Directions
are not subject to Parliamentary procedure. Local authorities must comply with such
Directions. Directions may be given as to the manner in which authorities are to exercise
any of their social work functions. A circular may draw attention to and attach a copy of
Directions made by the Secretary of State.
(c) Guidance Circulars
The Secretary of State may issue guidance under section
5(1) of the Social Work (Scotland) Act 1968 which gives him the power to issue general
guidance to local authorities. Authorities are under a statutory obligation to perform
their functions under the general guidance. In future the degree of prescription in the
guidance issued under this power will be clearly stated. For instance, guidance issued
under section 5(1) accompanying a Direction would require authorities to perform their
functions under that general guidance. Certain guidance may also need to be followed in
order to obtain a grant. SWSG also issues guidance to assist authorities in their
activities. Such guidance might set out general principles of operation or suggest a range
of approaches to a particular issue, leaving discretion to local authorities on how to
apply the guidance in local circumstances. While local authorities have more discretion in
following such guidance they may, if challenged or questioned (for instance by a member of
the public or even a court), have to justify a decision not to follow such guidance.
(d) National Standards Circulars
The National Standards for Social Work in the Criminal
Justice System is guidance issued under section 5(1). Compliance with the National
Standards is a condition of 100% funding for the criminal justice social work services
provided under the Standards. National Standards circulars are included in this package.
The Standards themselves are issued separately.
How to Use the Guidance
The paper format of the package consists of 7 ring binders.
Within each ring binder the individual items of guidance have been arranged under general
subject headings, further divided into specific sections. Subject headings and specific
sections in a binder have been separated by coloured dividers. The cover of each binder
describes the contents. The headings and sub-headings are arranged alphabetically while
the circulars within each heading and sub-heading are arranged in chronological order.
A standard circular format has been introduced. All
guidance issued by SWSG is contained in circulars whose numbers begin SWSG. Dear Director
letters will no longer be issued. Former Dear Director letters which are still relevant
have been taken into the SWSG series. The former Children’s Panel circulars have also
been taken into the SWSG series and numbered SWSG(CP).
Further details of the computer format for the circulars
will be issued separately. It is hoped to place the full guidance package on both the
Internet and COSNET around the same time as the paper format is issued.
The Index
The index has been kept as simple as possible to allow an
individual with only a key word or phrase to work from, to focus on the specific articles
of guidance in which they are interested. An example of how the index is used follows:
An individual wishes to find out the
policy in relation to a parent’s right to visit children who have been taken into
care or looked after by a local authority. The first step would be to consult Part A of
the Index which lists the subject headings. The individual would see that there was a
general subject heading of "CHILDREN AND FAMILIES". Under that general heading
the individual would also see that there were a further 13 sub-headings including item E.4
(Children Looked After (formerly Children in Care)). In Part B of the Index, under item
E.4, the individual would be able to scan the individual circulars until he/she came to
SWSG11/86 [Supervision Requirements under Section 44 of the Social Work (Scotland) Act
1968: Access by Parents or Other Relatives to Children in Care]. It would then simply be a
matter of locating the appropriate binder and circular.
In the indexes some circulars are mentioned in more than
one category. The section in which the circular is located is indicated by the circular
reference number in bold type. Where the circular reference number is in ordinary
type the section in which the circular is located will be indicated in bold type.
The Index for the electronic format will be more
sophisticated and will provide a word search facility which will be included with the
electronic format when issued.
The Index will be updated every six months and will be
distributed to all those who have received the guidance package. In addition, the Index is
available free of charge to any enquirer.
Keeping the Guidance Up to Date
As with any guidance package, it is important that the
package is designed to allow quick and easy updating. It has therefore been decided to
rely on a ring binder format for the paper version of the package. The individual sections
of the package are clearly differentiated and all new articles of guidance will contain
instructions for insertion of the new guidance and the deletion of old guidance. It is
essential that those holding copies of the guidance package integrate any new material as
soon as they receive it. By the same token, if copies of the guidance package have been
made for further dissemination in any one organisation, it should be remembered that
copies of the updates also need to be issued to the additional package holders.
Updating the electronic package will be much simpler, with
the relevant pages on the Internet and COSNET being automatically replaced with the new
guidance at the same time as the paper format is amended.
Other Material
The package contains all the guidance issued by Social Work
Services Group to social work authorities. Also relevant to social work departments are
the following:
Race Relations
SWSG Circular 9/77 on race relations is directed to Chief
Executives and all local authority departments. It is included in this package since it
was originally issued by SWSG but has a wider currency and Chief Executives will wish to
ensure that it receives a wider circulation beyond the social work department.
Voluntary Activity
The circulars issued by The Scottish Office Voluntary
Issues Co-ordinating Unit are directed to Chief Executives and all local authority
departments. The circulars are issued to Chief Executives (not social work departments).
However, since they are of obvious interest in the social work field, reference is made to
them in the Index although the circulars themselves are not included in the guidance
package.
How to Obtain The Package
The paper version of the guidance package has been made
widely available: each local authority has received enough copies for the Chief Executive,
Director of Social Work/Chief Social Work Officer and every local area office to have a
copy. Each local authority library service has also been supplied with a copy. Further
copies have been distributed to voluntary bodies (major intermediaries and major service
providers), training institutions, relevant Non-Departmental Public Bodies and other
Government Departments. This initial issue is free and each recipient will receive new
circulars and instructions about where to place the new material as it is published.
Any organisation or individual who wishes additional copies
over and above the initial issue of the paper format will be able to order them from John
Williamson, Room 37B, Social Work Services Inspectorate, James Craig Walk, Edinburgh EH1
3BA ((0131 244 3737) at a cost of £45 [ This price may be
subject to change. Please contact John Williamson for current cost.] per set. The
guidance will be issued by HMSO along with an invoice for payment. This purchase will
entitle the purchaser to receive new circulars and instructions about where to place them
on the same cost free basis as the organisations mentioned in the above paragraph.
Organisations or individuals wishing copies of individual
circulars or groups of circulars covering particular subjects may request photocopies from
local authority social work departments, local authority libraries, voluntary umbrella
bodies or training institutions. Receipt of the free copy of the package by these bodies
assumes acceptance of the responsibility to photocopy and supply reasonable requests for
single copies or groups of circulars on reasonable terms. Reasonable requests for single
or groups of circulars to SWSG will also be met. Please contact the appropriate Desk
Officer for each circular required (details shown under the heading "contact
point" on each circular.
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