PPAARRTTNNEERRSSHHIIPP CCOOMMMMIISSSSIIOONNIINNGG SSTTRRAATTEEGGYY Presented to: Joint Committee/Strategic Management Group Author: Norman Firth Date of Document: September 2011 Date of Revision: July 2013 Document Version: 4.0 1 Version 4.0: Revised July 2013 1. Introduction In “The Guide to Strategic Commissioning” (2009), the Social Work Inspection Agency (SWIA) defines this activity as: “the term used for all the activities involved in assessing and forecasting needs, agreeing desired outcomes, considering options, planning the nature, range and quality of future services and working in partnership to put these in place.” Implicit in this and other definitions is an activity which is cyclical and therefore dynamic. SWIA illustrates this via reference to a model developed by the Institute of Public Care (IPC). “The model is based upon four key performance management elements; analyse, plan, do and review. The model requires that each of the four elements receive attention, and all are kept in balance” (SWIA: 2009 from Joint Commissioning Model for Public Care: IPC: 2006). The overarching context for Criminal Justice Social Work (CJSW) is a framework of statutory duties within a public policy context focusing on reduction of offending and public protection against a background in which the service requires to improve effectiveness and reduce costs. 2. Focus This Commissioning Strategy relates to Criminal Justice Social Work Services. CJSW services principal duties and tasks relate to the assessment and supervision of offenders in the community either through the medium of community sentences or post release supervision following a custodial sentence. The Strategy refers to CJSW services and functions organised and delivered via formal partnership between Argyll and Bute, West Dunbartonshire and East Dunbartonshire Councils; referred to below as the Partnership (see below, Governance). 3. Legislative and Policy Context 3.1 Legislative context The legislative basis for Criminal Justice Social Work Services is located within The Social Work (Scotland) Act 1968. Section 27 of that Act transferred the responsibilities for community based Criminal Justice Services from the Probation Service to Local Authorities. Responsibility for prison based SW services followed subsequently and is relevant in the context of this document in terms of the provision of prison based SW services at HMP Lowmoss (Bishopbriggs). The powers and responsibilities vested in Local Authority officers in relation to preparing reports for court, community sentences such as Probation and Community Service and in respect of the supervision of prisoners released on various forms of licence are underpinned by the overarching responsibilities established under the terms of the 1968 Act. From January 2011 most community sentences will be delivered within a new legislative framework introduced via the Criminal Justice and Licensing (Scotland) Act 2010. The implementation of the new sentences: Community Payback Orders (CPO) has been supported by substantially revised National Outcomes and Standards for Social 2 Version 4.0: Revised July 2013 Work Services in the Criminal Justice System and associated practice guidance. Commissioning has been identified as a key element in the implementation process. The Management of Offenders (Scotland) Act 2005 established Community Justice Authorities (CJA) with the intention of co-ordinating and improving the delivery of services to offenders across eight CJA areas. The North Strathclyde CJA comprises East Renfrewshire, Renfrewshire, Inverclyde, East and West Dunbartonshire and Argyll and Bute. The Act requires Local Authorities, the Scottish Prison Service (SPS) and other key partners (Police, Health, COPFS and major voluntary organisations) to co-operate and co- ordinate their efforts to reduce reoffending. The CJA is responsible for the co-ordination, and the preparation of an Area Plan supporting the objectives of the National Strategy for the Management of Offenders. The CJA Plan is vetted by a National Advisory Board (NAB) and approved by the Cabinet Minister for Justice. The 2005 Act also placed a statutory obligation on Local Authorities, the Scottish Prison Service, Police and Health Service to co-operate in respect of certain categories off offender. These Multi-Agency Public Protection Arrangements (MAPPA) are supported by national guidance and currently relate to Registered Sex Offenders and Restricted Patients. The principle of predicating the nature and level of intervention on risk, supported by formal arrangements for the sharing of relevant information extends beyond MAPPA to the supervision of offenders in general. Underpinning the above demand is the level of business dealt with by courts, related in turn to the level and nature of criminal activity. The volume of recorded crime has in recent years (since 2006-07) declined with exception of crimes of indecency. The Scottish Crime Survey (2009-10) also indicates a reduction in victimisation (percentage of population directly affected by a crime) since 1990-91. It should be noted that prosecution is not the inevitable outcome of a criminal charge. The Crown Office and Procurator Fiscal Service (COPFS) has a range of options available short of prosecution, including Fiscal Fines in respect of certain offences and other diversionary measures (WDC hosts a pilot project involving unpaid work as an alternative to prosecution). 3.2 Policy Context The Scottish Government defines its strategic purpose within the context of a National Performance Framework as; “to focus government and public services on creating a more successful country with opportunities for all of Scotland to flourish, through increasing sustainable economic growth”. This purpose is further articulated in terms of a vision for the justice system that “contributes positively to a flourishing Scotland, helping to create an inclusive and respectful society in which all people and communities live in safety and security, individual and collective rights are supported and disputes are resolved fairly and swiftly”. (Strategy for Justice in Scotland: 2012) The objectives underpinning Scottish Government policy have the community at the centre. Thus, the overarching (national) strategic objective of achieving “safer stronger communities” is expressed in the National Performance Framework in terms of National Outcomes: 3 Version 4.0: Revised July 2013 We live our lives free from crime disorder and danger We have strong resilient and supportive communities where people take responsibility for their own actions and how they affect others Our public services are high quality, continually improving, efficient and responsive to local people’s needs The Scottish Government identifies eight Justice Outcomes within the Strategy for Justice, against which progress is to be measured and twelve related priorities which will have an impact on delivering outcomes (in italics below). We experience low levels of crime Reducing crime particularly violent and serious organised crime Reducing the damaging impact of alcohol and drug problems Reducing reoffending We experience low levels of fear, alarm and distress Reduce fear of crime and increase public confidence Supporting victims and witnesses We are at low risk of unintentional harm Promoting risk awareness and fire safety Our people and communities support and respect each other, exercising both their rights and responsibilities Preventing offending by young people Strengthening community engagement and resilience Tackling hate crime and sectarianism We have high levels of public confidence in justice systems and processes Transforming the civil and administrative justice system Our public services are fair and accessible Widening access to justice and advancing law reform Our institutions and processes are effective and efficient Enhancing efficiency Our public services respect the rights and voice of users Supporting victims and witnesses The guiding principles underpinning the Scottish Government’s strategic approach can be summarised as effective local delivery supported by greater integration of public services, better partnership working and collaboration and a decisive shift towards prevention. The achievement of the Scottish Government’s justice outcomes and supporting priorities involve a range of organisations and agencies within and out with the public sector. For instance, the fire service in relation to fire safety, COPFS, courts, faith groups and football clubs in relation to hate crimes and sectarianism, the Police and Fire Services in relation to the creation of single services to enhance efficiency. 4 Version 4.0: Revised July 2013 It should also be noted that the focus on prevention establishes a clear relationship between justice outcomes and those for families, children and young people in terms of early intervention / whole systems approach in early years. Similarly, the reduction of the harmful impact of drug and alcohol use links Justice Strategy outcomes to the national drugs strategy (Road to Recovery) and the responsibilities of Alcohol and Drug Partnerships (ADP). National Outcomes and Standards for Criminal Justice Social Work describe the three key outcomes for CJSW services as: Community Safety and public protection The reduction of reoffending Social inclusion to support desistance from offending The introduction and implementation of CPO with effect from February 2011 follows from a review of community penalties and the