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Scottish Service (SPS) Corporate Position on Working with the Third Sector

Existing SPS arrangements for engagement with the Third Sector.

The SPS appreciates, understands and values the distinctive role that the Third Sector plays in achieving justice and wider public policy outcomes and is committed to a strong and transparent working relationship with the Third Sector around the design and delivery of prison services. In recognition of the need to engage strategically with the Third Sector around shared priorities, challenges and opportunities, we have jointly agreed arrangements with the Criminal Justice Voluntary Sector Forum (CJVSF). These arrangements are described here1.

If any Third Sector organisation wishes to be part of these discussions then please discuss with the CJVSF direct: [email protected]

CJVSF, Norton Park, 57 Albion Rd EH7 5QY Tel: 0131 475 2676 http://www.ccpscotland.org/cjvsf/ SPS as a Grant Funder.

The status of SPS as an Executive Agency of (SG) does, in many ways, shape the relationship we have with the Third Sector. There is a framework agreement between SG and SPS. The SPS budget is set by SG and is allocated to SPS to deliver prison services. SPS has no permission from SG under the framework agreement to make grant payments to the Third Sector. SG does have grant making powers to support funding for the Third Sector in certain circumstances and these are described here2. SPS as a Buyer of Services.

The SPS can, where budgets allow, procure services from external suppliers which can include the Third Sector although it is important to note that individual SPS Establishments require authority from SPS Director of Operational Delivery to do so before any commitment can be made. Where

1 and Third Sector Strategic Engagement, Available at: http://www.ccpscotland.org/cjvsf/resources/sps-third-sector-strategic-engagement/ 2 http://www.gov.scot/Topics/Health/Support-Social-Care/Financial-Help/Adult-Community-Care-Grant- Scheme external expenditure of SPS funds is envisaged, SPS is obliged to comply with Public Procurement Regulations3, which is available here:

In line with these regulations, SPS routinely advertises contract opportunities on the Public Contracts website. These opportunities are open to all organisations to bid for and applications/bids from Third Sector and other organisations are warmly welcomed. This does mean of course, that from time to time, Third Sector or other organisations can be contracted to provide specific services after a proper and transparent competition process and in support of the outcomes within the SPS corporate plan4.

SPS as a Partner with Third Sector Organisations (that are funded by other funders to deliver prison services).

Many Third Sector organisations secure funding from independent trusts and foundations and other funders to deliver services in . SPS is not in a position to formally endorse individual funding applications to independent trusts and foundations and other funders by individual Third Sector organisations as technically that would constitute ‘endorsement by Scottish Ministers’. Nevertheless, SPS can provide funders with commentary on whether there is demand in the system for the type of service being proposed by the individual Third Sector organisation. This can be done through completion of parts 1 and 2 only of the ‘partnership agreements’ (previously referred to as partnership packs) by the Third Sector organisation and the SPS Establishment. The ‘partnership agreements’ need to be fully completed where a Third Sector organisation has secured funding to deliver services for those in and leaving our care. The ‘partnership agreement’ is not for use when SPS is procuring services, as per ‘SPS as a Buyer of Services’ paragraph above. SPS is committed to working effectively with the Third Sector to maximise the impact of the limited resources available, to make sure that those services being funded and delivered meet the needs of the people in our care and to minimise duplication between services. If you have secured funding to deliver services in prisons then please follow the current ‘partnership agreement’ process described here5.

SPS as a Community Justice Partner.

Part of our ‘duty to cooperate’ within the Community Justice Scotland Act 2016 is fulfilled by aligning resources and services through local partnership arrangements, sometimes referred to as Community Justice Partnerships. For example, we align our Throughcare Support Officer (TSO) arrangements through local Community Justice Partnerships with mentoring services provided by the Third Sector, making a significant contribution to the rehabilitation and reintegration of those leaving our care back into their local communities.

3 Scottish Public Procurement Regulations, Available at: http://www.gov.scot/Topics/Government/Procurement/policy/ProcurementReform/ProcReformAct/Procure mentScotlandRegulations2016 4 SPS Corporate Plan 2017-2020, Available at: http://www.sps.gov.uk/Corporate/Publications/Publication- 5169.aspx 5 Partnership Agreement Template, http://www.sps.gov.uk/AboutUs/PartnershipWorking.aspx.