The Report of the Ministerial Group on Offender Reintegration

September 2015

THE REPORT OF THE MINISTERIAL GROUP ON OFFENDER REINTEGRATION

Contents Page no.

Ministerial Foreword 2

Introduction 3-4

Community Reintegration: Identifying the Issues 5-11

Improving Reintegration: Opportunity for Change 12-16

Towards A Collective Response 17-19

Annex A – Group Membership 20

Annex B – Ministerial Commitments 21-24

September 2015

Justice Directorate Scottish Government

Ministerial Foreword

Positive progress has been made in building safer and stronger communities in Scotland in recent years. Reconviction rates in Scotland1 are at their lowest in over 16 years falling roughly in line with the overall fall in crime.

Tackling reoffending is a key element of the Scottish Government’s Justice strategy. Reoffending creates victims, damages communities, wastes potential and costs the Scottish economy approximately £3 billion per year. Although there has been progress, work remains to be done.

However, factors outside of the control of the criminal justice system affect reoffending. The work of this group has found that reoffending is a complex social issue and there are well established links between persistent offending, poverty, homelessness, addiction and mental illness. When transitioning from custody to the community, gaps in access to vital support services and basic needs can hamper attempts to desist from offending.

Not all structural factors and social factors are amenable to change by the criminal justice system, but it is important to note that many different bodies and agencies must work effectively and collaboratively to support those in our criminal justice system who may face challenges in multiple areas of their lives.

This short life working group has come together to look at the contributions that a range of Ministerial portfolios such as housing, local government, community safety, employability welfare, healthcare can make to the reintegration of individuals post release from prison.

We want to set out a vision of justice where people are held to account for their offending, but thereafter supported to be active and responsible contributors to their communities. This implies a willingness and collaboration from all of society to support successful reintegration back into the community.

And it is collaboration which is at the heart of the Community Justice (Scotland) Bill which was introduced to the Scottish Parliament on 7 May 2015. The Bill will help create a stronger community justice system which will deliver better outcomes for our communities.

The Ministerial Group on Offender Reintegration wish to extend their thanks to all those who contributed to the meetings. Five meetings of this group could not do justice to every aspect of an issue as challenging and multifaceted as the improvement required to secure the reintegration of individuals leaving prison. There is challenge but also opportunity for change.

I will monitor the commitments made by this group through a working group of senior officials. The new model for Community Justice in Scotland will also build on the work and evidence gathering of the group and deliver improved outcomes for community justice.

Chair of the Ministerial Group on Offender Reintegration Michael Matheson MSP, Cabinet Secretary for Justice

1 http://www.gov.scot/Publications/2015/03/9783

INTRODUCTION

1. Factors outside of the control of the criminal justice system affect reoffending. Evidence has pointed to factors outside of the control of both the criminal justice system and individuals themselves in reoffending. Structural factors, such as lack of stable employment, available housing and other factors, can affect the chances of an individual reoffending.

2. Individuals rely on key public services and third sector services to address a range of basic and practical requirements upon release from custody. Failure to do so in a timely and effective manner is likely to hinder an individual’s reintegration and increase the likelihood of reoffending.

3. In 2008, the report of the Scottish Prison Commission2 called for the Scottish Government to promote recognition across all Government departments, all public services, all sectors and all communities of a duty to reintegrate both those who have paid back in the community and those who have served their time in prison.

4. The Ministerial Group on Offender Reintegration was established in October 2013 to address the demand for better integration between the justice system and wider universal services and to focus attention on the role of non-justice sector contributions to the reintegration of individuals transitioning from custody back to our communities.

5. The membership of the group was drawn from relevant Scottish Government Ministerial portfolios which contribute to an individual’s reintegration journey post release from custody (see Annex A). The group was established as a short life working group with remit to:

• Identify and direct activity across Scotland’s public and voluntary sectors which will secure the successful reintegration of individuals serving short term sentences back into our communities in order to reduce reoffending.

• Consider the role and need for the effective reintegration of individuals leaving custody within their portfolios.

6. The group met five times from October 2013 to June 2015 to discuss a range of issues via thematic meetings: • Understanding the importance of reintegration for people leaving custody (9 October 2013) • Exploring access to housing (23 Jan 2014) • Employability and access to welfare (15 May 2014) • Provision of healthcare (9 October 2014) • Ministerial commitments - final meeting (4 June 2015)

2 http://www.gov.scot/Resource/Doc/230180/0062359.pdf

7. The Group considered the evidence base and also harnessed knowledge and expertise from invited participants to the group meetings in order to identify the most effective ways of facilitating an individual’s access to and continued engagement with wider universal public services post release.

8. The group focused its attention on the reintegration needs of those leaving prison serving short term custodial sentences as this group accounts for the greatest level of reoffending. 9,000 to 10,000 individuals serving short term sentences leave custody per year.

9. This report provides a summary of the evidence, the themed issues discussed and presents the commitments for action from each Ministerial portfolio at Annex B.

10. Alongside the focus of this groups consideration of improvements to the reintegration of individuals leaving prison, it is also important to note wider work within the Justice portfolio to strike the appropriate balance between actions focused on custody and in the community. An announcement, made in June 2015, on wider penal policy recognise the importance of reducing the use of custody in the first place through the presumption of short term sentences as well as enhancing community-based services and developing a custodial estate equipped for the specific needs of female offenders.

COMMUNITY REINTEGRATION - IDENTIFYING THE ISSUES

11. The group found that the reintegration needs of individuals in receipt of short term sentences were complex and multi-faceted. This section summarises some of the evidence gathered across the key themes of housing, employment and access to welfare and healthcare provision.

12. An outline of some of the reintegration needs of individuals pre and post release from custody is provided below: Prevalence (Source: SPS Prisoner Survey 20133) Preparation for release A quarter of those in custody had accessed services while in prison in order to help prepare them for release (26%), a decline from 2011 figures (34%). Of those who had accessed services, 70% had sought advice in relation to housing and 41% in relation to employment.

Loss of Just over half (51%) of prisoners lose their tenancy tenancy/accommodation or accommodation whilst in custody. whilst in custody

Don’t know where they will One third (35%) did not know where they would be live after release staying upon their release.

Alcohol problems 45% reported being drunk at the time of their offence. One in five reported that drinking affected their ability to hold down a job and over a third admitted that their drinking affected their relationship with their family (35%).

Smoking Three quarters reported that they were smokers. Three in five who did smoke, expressed a desire to give up (60%). Two in five had already tried to give up smoking in the last 12 months (39%). Long term health problem Over a quarter (29%) of prisoners surveyed and disability reported a long-term illness and 25% reported a disability.

Mental Illness 27% of prisoners had accessed mental health services in custody.

Substance misuse Two-thirds (62%) reported using drugs in 12 months prior to entering prison. One fifth (20%) reported that they had used drugs in the month prior to the survey whilst in prison. 39% state their drug use was a problem for them in the community

3 http://www.sps.gov.uk/Corporate/PrisonerSurvey2013MainBulletin.aspx A biennial survey distributed to all prisoners in all establishments - 60% response rate.

and 39% were under the influence of drugs at the time of their offence.

Literacy & Numeracy One fifth of prisoners reported having a difficulty with writing (17%), numbers (14%) and reading (13%). Around three quarters of those with problems said that they would like help.

13. Whilst programmes within prison may help individuals to address some of these problems, a recent review of international evidence4 suggests that prison-based interventions will have greater impact if stable accommodation and employment opportunities are available, and there is continuity of service provision or support upon release.

14. Several reports raise concerns about the quality and consistency of “throughcare” or “transitional care” and access to wider universal public services post release for those leaving custody. A review5 of the effective elements of throughcare policy and practice in Scotland by the Scottish Centre for Crime and Justice Research in 2013 found that: • Current throughcare provision is fragmented, creating gaps in provision which result in frustration amongst users and providers. • Gaps have resulted in a service-led rather than needs-led system and difficulties trying to access basic services (especially welfare, housing and access to primary health care services) is hindering successful reintegration. • Many basic support services are not available until the person is liberated which jeopardises pre-release planning, destabilises the individual and makes a smooth transition back into the community extremely challenging.

15. Recent evidence6 on “what works to reduce reoffending” suggests that: • Desistance from reoffending is a highly individualised process and ‘one-size fits all’ interventions do not work. • The way in which individuals are dealt with by the criminal justice system and other partner agencies may alter their likelihood of reoffending. • Recidivism is different for women than it is for men, and women require different interventions to help assist in their desistance from reoffending. • Publicly recognising that that people have stopped offending may help reduce the chances of future reoffending (but more evidence is required to support this assertion).

4http://www.sccjr.ac.uk/publications/the-elements-of-effective-through-care-part-1-international-review/ 5http://www.sccjr.ac.uk/publications/the-elements-of-effective-through-care-part-2-scottish-review/ 6http://www.gov.scot/Publications/2015/05/2480

16. Through the work of the group taken forward to date, it has become clear that there are certain consistent messages and findings borne out across the themed meetings. These are: Community Reintegration - Key Messages  Individuals needing support on transition from custody to community are not a homogenous group but tend to have multiple and sometimes complex needs.  Desistance from re-offending is not a one-off event. Rather it is a lifelong journey for individuals, their families and other support networks.  This, therefore, requires a holistic, system wide and consistent approach to meeting the needs of those coming out of custody back into our communities, for example, housing solutions are likely to be most effective as part of a wider package of welfare and addictions advice.  Our current response to these complex, but more often than not, linked issues has often been for services to try to find solutions in isolation. Progress has been made by non-justice agencies to working together, but more must be done to breakdown and remove institutional, professional, systemic and geographical boundaries.  Best practice is to begin to plan for release through identification of need as early as possible in an individual’s sentence. This should take into account personal circumstances when sequencing and coordinating the different phases of pre and post release planning.  The successful reintegration of those in our criminal justice system is consistent with the Christie Commission priorities of focusing on prevention and early intervention, a more co-ordinated approach to working with a range of sectors, and effective local partnership and collaboration that brings together public, third and private sector partners, and local communities, to deliver shared outcomes that improve lives.  The Scottish Prison Service’s shift in focus towards a more assets-based and desistance approach for their review of case management processes for short term sentences, implementation of the role of the Personnel Officer and Throughcare Support Officers beyond the prison gate were all recognised as significant enablers in the contribution to a system-wide approach to community reintegration.  Delivery of immediate and hands on support post-release to help make the transition from custody directly through SPS Throughcare Support Officers or by linking in with mentoring services or other third sector providers is fundamental.  Significant work is needed to reduce stigma for those in our criminal justice system and to change public perceptions. The language used by all partners is vital in this regard. More should be done to promote the debt-owed/debt-paid ethos and that collective responsibility for reducing reoffending is better economically and socially for our communities.  There is a plethora of support and services provided to support those leaving custody that often work in a 9-5 culture which often does not sit well with the sometimes chaotic lifestyles of the services users they are targeting. This may need to be more flexible if we want to provide the most effective support targeted at individual need.  It is important to ensure that work to improve reintegration is supported by and dovetailed with wider work to build safer communities, prevent crime, divert people from prosecution and custody, reduce the prison population and our wider reducing reoffending programme.  More fundamentally, community reintegration is about getting the basics right. Individuals leaving custody should be able to realise their basic rights as citizens through equitable access to housing, healthcare, welfare advice and employment opportunities in comparison to the general population.

Housing

17. The vital role of housing in community reintegration and helping to reduce reoffending is well established in the evidence base. This has not only social, but also economic benefits, for our communities. An individual in custody is likely to be responsible for crime costing the criminal justice system an average of £65,000 to the point of imprisonment, and as much as £37,500 a year to keep in prison thereafter.

18. Addressing the housing needs of those released from a short prison sentence was recognised as complex. However, individuals coming out of custody are often perceived as an ‘undeserving’ group by housing providers. Good practice highlighted to the group the importance of taking a proactive approach towards managing the needs of individuals in custody, including the importance of assessing needs on entry into custody, rather than waiting until release.

19. Scottish level data suggests that:

• In 2011/12 (the most recent year for which prison statistics are available), people presenting as homeless accounted for 11% of all prison liberations (2,260 homelessness applications out of 19,792 prison liberations). • Homeless applications on discharge from prison currently represent around 6% of all homelessness applications. Since 2008/9, the number of applications has been between 2,200 and 2,450 per year. • In 2012/13, there were a total of 2,238 homeless applications from people discharged from prison. Of these, 2,018 were men and 220 were women (including young offenders). Of the 2,238 applications, 1,914 applications (86%) were from single males and 192 (9%) were from single females. • In 2012/13 the most likely housing outcome for prisoners was a local authority let, with 22% of homeless applications from prisoners receiving a local authority let. 9% received a housing association let. However, the outcome for 26% of applicants was not known as contact with applicants was lost. • 15% of individuals leaving prison assessed as homeless or threatened with homelessness had been assessed as homeless during the previous 12 months. This is a three percentage point reduction on the previous two years. (The level of repeat homelessness amongst people discharged from prison was 18% in both 2010/11 and 2011/12.) Note – the Scottish figure for repeat applications was 5.4% in 2012/13.

Employability

20. At least one third of the adult male population and one in ten of adult females in Scotland are likely to have a criminal record. In addition to the stigma associated with a criminal record, they face a number of further barriers to re- engaging with the labour market and taking up opportunities for skills/learning development.

21. Employment and desistance from reoffending are linked: people released from prison without a job are twice as likely to re-offend as those released with employment opportunities lined up. Unemployment is one of the most significant barriers to successful reintegration as it makes it harder to maintain stable accommodation or to earn money legitimately.

22. There are a number of barriers to overcome to improve the prospects of those with criminal convictions securing employment upon release from prison. These include the stigma associated with declaring a criminal record; the willingness of employers to provide those with criminal convictions with job opportunities; and the extent to which they are perceived to have the necessary skills for the modern labour market.

23. According to the Scottish Prison Service (SPS), 80% of people were unemployed at the time of their sentence or remand period. Once released from prison, evidence shows that it is eight times harder for a person to gain employment, with declaration of a criminal record the greatest factor in an employer refusing employment.

24. A significant barrier to employment for those with criminal convictions is a lack of necessary skills. Only half of those in custody have the reading skills, one- fifth the writing skills and less than one-third the numeracy skills necessary for 96% of jobs. Nearly a third of those in custody were regular truants from school and almost half of all male prisoners were excluded from school.

25. A custodial sentence presents a significant opportunity for training, education and gaining employment skills and experience which will enhance employment and learning outcomes upon release.

Access to welfare

26. Upon release from custody, people will typically be dependent on welfare and benefit payments to support themselves. The Welfare Reform Act 2012 introduced a number of changes to the benefits system with the planned introduction of the Universal Credit and changes to the Work Programme (WP).

27. The introduction of Universal Credit has been delayed and members of the group were advised not to expect significant volumes in Scotland before 2016. The Department of Work and Pensions (DWP) has rolled out some cultural changes ahead of the full implementation. DWP Employment and Benefit Advisers accepting advance Jobseekers Allowance claims in prisons will now

require individuals in custody to agree a “claimant commitment” which sets out more fully what they need to do in order to receive state support. The adviser should also make clear the consequences of failing to meet the requirements. Claimants will have to provide evidence they have met the requirements of this commitment. Those who fail to do so risk losing their benefits, with sanctions lasting up to 3 years.

28. A lack of IT skills can put those in our criminal justice system at a particular disadvantage as much of the evidence required to prove compliance with the claimant commitment will come from internet job search activity including recording information on the Department for Work and Pensions Universal Jobmatch site. The imposition of subsequent sanctions is likely to increase the risk of reoffending.

Healthcare provision

29. Provision of prisoner healthcare transferred from the SPS to NHS Boards in November 2011, making NHS Boards responsible for; improving the health of prisoners, ensuring equivalence of health services to those available in the community, improving continuity of care on release; and reducing professional isolation for prison healthcare staff.

30. There is a cyclical link between inequality, offending, being a victim and poor health. This supports the idea that action taken to improve public health, particularly in relation to alcohol and substance misuse, mental health improvement and reducing health inequalities, can help to reduce reoffending.

31. In general, people serving a custodial sentence come from, and return to, the poorest areas of Scotland. Furthermore, individuals in the justice system experience higher rates of premature death - related to violence, accidents, substance misuse and suicide - than the rest of the population, which further exacerbate the health inequalities experienced within their communities.

32. Those with criminal convictions are often those with the fewest personal assets on which to draw in order to move towards healthier lifestyles. This increases the challenges associated with supporting people to make the sorts of improvements to their health which would reduce their likelihood of reoffending.

33. Individuals in our criminal justice system generally experience poorer physical and mental health in comparison to the general population. Typically individuals who have a particularly high level of need will be less likely to have routinely engaged with healthcare providers in the community prior to being taken into custody.

34. A high proportion of people in custody suffer from mental health problems (70%), many self-harm and around 5% have a severe and enduring mental illness - a rate four times higher than the general population.

35. Prison presents an opportunity to address the health and wellbeing of a particularly marginalised group of people. There is evidence7 to suggest that there is unmet need and that current healthcare provision is failing to meet existing health care needs, particularly of those serving short term sentences due to poor continuity of care.

7 http://www.scotphn.net/pdf/2014_09_02_Throughcare_Rapid_HCNA_Final_Version.pdf

IMPROVING REINTEGRATION: OPPORTUNITY FOR CHANGE

36. A summary of the key issues discussed and opportunities for change noted by expertise and input at the themed meetings are outlined below:

Housing

37. Concerns were raised about the difficulties associated with those leaving custody being liberated on Fridays and the days preceding public holidays. In some cases this made it difficult to access services, particularly housing, before the weekend if there was distance to travel. Ministers recognised that SPS was bound by existing statutory obligations.

38. There was some discussion around the related issues of housing benefit and allocation of social housing. It was explained that those serving short term sentences are entitled to housing benefit for up to 13 weeks and those on remand for up to 52 weeks, but that some local authorities work creatively to try to sustain tenancies when an individual’s housing benefit ends, especially if the gap is only a few weeks (including examining the possibility of Discretionary Housing Payment to cover this gap).

39. It was noted that there is a presentational issue in relation to the public perception of people coming out of prison receiving preferential treatment and “skipping the housing queue”. The group also expressed particular concerns for prisoners who are in custody outside their local authority areain terms of the affect this may have on the quality of the housing support they receive.

40. Responding to the demand for improving the housing outcomes of individuals is complicated by structural factors such as a lack of housing supply in general. This can often lead to the use of short term housing options such as hostels or B&Bs which often exacerbates issues such as substance misuse, inhibits family contact and gives no permanent address. The Scottish Prison Service noted that this often leads to people hiding their true accommodation status as they do not want to go to this type of accommodation.

41. A best practice example highlighted a local authority which provides a dedicated housing officer who delivers services in all prisons in their local authority area. The member of staff supports the individual if they hold a tenancy, completing the paperwork to let the landlord now about their change in circumstance which can help maintain tenancies or stop the accrual of rent arrears. A housing options approach is taken when the individual is going to be homeless at point of their release, homeless applications are taken and the process is started within custody and pre-liberation as standard practice. This planning stops the need in most circumstances for the person having to turn up at housing offices on the day of release.

42. It is evident however, that there are a number of gaps in the system at present and inconsistencies in both pre and post liberation practice. Opportunities for more effective partnership working between justice and housing partners were evident to the group.

43. It was agreed that further work was required to look at existing accommodation protocols between housing and justice partners. It was acknowledged that whilst the Scottish Government could not dictate Local Authority and Registered Social Landlord housing allocation it has had considerable success in reducing homelessness. The five regional Housing Options hubs have been an important component of this success and should be further utilised in respect of working in partnership with justice partners including SPS.

Employment

44. The current arrangements for disclosure of a person’s criminal activity are set out in the Rehabilitation of Offenders Act 1974 (the 1974 Act). The legal framework provided by the 1974 Act has been subject to criticism as being over-complicated, poorly understood by employers, and not properly applied in practice. In addition, the group found that it has also been criticised as being increasingly out of step with sentencing law and contemporary sentencing practice in Scotland.

45. It was also recognised by the group that the stigma associated with declaring a criminal record was a longstanding issue and members agreed that the review of the 1974 Act provided an opportunity to reinforce more positive language. It was noted that legislation in England and Wales had already been changed.

46. The group agreed that cultural change was required to change employers’ perceptions, and that changes in employer attitudes were just as important as changing the legislation. It was suggested that employers would need support, and a summit to bring together employers to consider issues associated with the employment of those with criminal convictions may provide a platform to launch this change.

47. Employers often say that the main obstacle to recruiting those with criminal convictions is perceived risk and that they do not feel comfortable assessing the level of risk posed by those with a criminal conviction regardless of their offence. Research by the Glasgow Community Justice Authority found that a number of employers were open to the prospect of employing people with a criminal conviction, but that they found it difficult to know how and where to make the necessary contacts on a national or local basis.

48. Prison presents a significant opportunity for training and education which can enhance employability and leaning outcomes post-liberation. The SPS purposeful activity programme is the key vehicle through which this vision will be delivered. Each establishment will provide a range of services, activities

and employment opportunities, which build on a person’s assets and help them to fulfil their potential as responsible citizens.

49. The SPS has undertaken a review of its purposeful activity programme. The review focused on ensuring that all purposeful activity delivered in Scottish prisons is meaningful, can be measured in a useful way, provides an overall direction for prisons and will be relevant to the needs of those in custody, regardless of their category or sentence length. It also suggested that enterprise (self-employment) should be explored and promoted as an option to individuals in custody.

50. It was acknowledged that a range of support was available to enhance the employability of young people leaving custody including Scottish Government investment of £35m to Community Job Scotland (CJS) over three phases since 2011 for job opportunities for 16-24 year olds. Since February 2014 an additional £4m was announced for a further 1400 job opportunities including 100 ring-fenced for young people in the criminal justice system. The group discussed how this did not necessarily target the age cohort of those most likely to reoffend.

Welfare

51. The Department for Work and Pensions (DWP) should be challenged to improve performance in relation to outcomes for those in our criminal justice system on the Work Programme. DWP data showed that in Scotland between May 2012 and September 2013, 2280 individuals released from custody joined the Work Programme with only 70 job outcomes recorded (3%). This compared to a 15% outcome rate for the total Work Programme participants.

52. It was further recognised that the reality for the majority of those in the criminal justice system was that they would go on to claim welfare benefits when released. Welfare pilots and projects underway should, therefore, continue to provide support in avoiding crisis situations. At the same time, more support should be given to individuals in custody and those who work with them on how they navigate the benefits system.

53. The group also discussed the number of barriers in accessing the Scottish Welfare Fund. The fund is delivered through local authorities and can provide support through Community Care Grants (clothes and basic items of furniture) and living expenses in an emergency (Crisis Grants). A number of barriers including the complexity of application forms, limited access to phones in custody and variations in the level of support to those in custody were raised as concerns. There was also anecdotal evidence that women prisoners are under-represented in the number of applications.

Healthcare provision

54. It was noted that the integration of the SPS and NHS prisoner health care services to NHS Boards has been a positive step forward, signposting a move towards equitable health care provision for a marginalised group of people. However, the effectiveness of this move could be greatly enhanced by ensuring the NHS is fully integrated into needs planning processes pre and post custody to promote and secure greater continuity of care in the community.

55. Less severe mental health issues such as anxiety, depression and personality disorder traits are, however, not being adequately addressed at present. A recent service mapping exercise showed marked variation in the provision of nursing and psychiatric sessions available in the different prisons across Scotland. These services seemed to be available based on historic spend rather than an assessment of needs.

56. Each NHS Board has put in place its own arrangements and there is no single model for the provision of GP or primary health care provision in prisons across Scotland. Healthcare teams within prisons are currently set up in a variety of different ways with no single workforce model. It was noted that larger prisons generally employ a mix of professional leads across primary care, mental health and addictions whereas smaller prisons are restricted to a smaller pool of specialists. This can additionally lead to challenges around continuity of care as prisoners are moved around the prison estate.

57. The current process for registration for healthcare for those in custody requires that after 6 months the individuals is fully registered with the prison practice for their healthcare and deregistered from their community practice. People serving a sentence in excess of 6 months would therefore have to actively re-register with a community practice on release. NHS Boards are looking at ways to ensure continuity of healthcare when patients leave prison. Access to healthcare can be a particular problem for those who have not been formally released (for example those on HDC or day release), and therefore cannot register as a permanent patient with a community GP practice. The group heard of anecdotal evidence of the barriers to re-registering with community practices and access to national screening programmes.

58. The group also felt that psychological interventions addressing both health outcomes and offending behaviours should be more joined up when offending is linked to mental disorders or addictions.

59. Problems in relation to continuity of care are particularly acute at the point of release from custody, where people fail to engage with community-based health and social services due to lack of systematic information sharing and proactive pre-liberation planning by statutory service providers.

60. While it was clear that no new resource was available, current funding arrangements needed to be examined to prioritise preventative spending and to achieve better outcomes for people with criminal convictions who are often some of the most deprived citizens in Scotland. It was noted that individuals in the criminal justice system with health problems were often those who would claim welfare benefits on their release, and as such the impact of not joining up services was clearly felt across the whole system.

TOWARDS A COLLECTIVE RESPONSE 61. In the timeframe associated with a short life working group and with a complex issue such as community reintegration, it has not been possible to undertake a full evaluation or analysis of the whole system. This report provides a summary of the gathered evidence, the themed issues discussed at five meetings and presents the commitments for action from each Ministerial portfolio at Annex B.

62. We want to set out a vision of justice where people are held to account for their offending, but thereafter supported to be active and responsible contributors to their communities. This implies a willingness and collaboration from all of society to support successful reintegration back into the community. Partnership working needs to extend beyond criminal justice partners and link people in custody to wider universal services.

63. The Group’s commitments at Annex B outline the start of a programme of work towards greater alignment across Scottish Government Ministerial portfolios to the reintegration of those transitioning from custody back to our communities. The commitments will be monitored via establishment of an implementation group of officials representing the Ministerial portfolios of this group.

64. These commitments are the first step towards realising a vision for community reintegration, endorsed at the first meeting of the Ministerial Group on 9 October 2013. This vision is to: “To ensure that key public and third sector services secure the safe and successful reintegration of offenders into communities.” This will require: • Key public sector services which meet the basic needs of individuals on release from custody – such as housing, health, employability and welfare – to be fully integrated and person-centred in keeping with Christie Commission principles; • The effective use of third sector organisations that are best suited to providing those leaving custody with long-term, unconditional support and to promote voluntary engagement with services. Housing: Our vision: For those leaving custody to have access to stable accommodation upon release.

Employment: Our vision: To increase the employability and skillsets of those in the criminal justice system.

Welfare: Our vision: For individuals on release from custody to have a clear plan for how they will obtain income support and to be able to apply for benefits to which they are entitled to prior to release.

Health: Our vision: For individuals on release from custody to have access to the healthcare services they have benefited from during imprisonment and pre-registration with a GP prior to release.

The way forward

65. Key to reducing reoffending is meeting the often complex reintegration needs of those being released from prison. There are many different bodies (public, private and third sector) involved in the planning, design and delivery of services for the reintegration of those leaving custody back into our communities.

66. This includes national organisations such as the Scottish Prison Service (SPS); regional bodies such as Community Justice Authorities (CJAs); and local bodies such as Alcohol and Drug Partnerships, health boards and local authorities.

67. The focus of this group has been on the support offered by a number of sources which are not specifically services for those leaving prison - for example local authority services (housing, education); the National Health Service; Jobcentre Plus; and those in our communities such as employers.

68. The third sector also plays a significant role in supporting effective reintegration by providing specialist services and mentoring, widening the range of services and resources available. These services include those provided through the Reducing Reoffending Change Fund which supports the development of new and innovative mentoring services through the creation of public social partnerships between third sector and public sector organisations.

69. Those released from prison can often view the third sector as being relatively independent from the criminal justice system which can be advantageous as they are perceived as more approachable and trustworthy.

70. It is timely that the evidence gathering and commitments made by this group will feed into the work to deliver the new model for community justice in Scotland which, within its broader focus, will include reintegration for people leaving custody.

71. The new model has been designed, in consultation with partners and stakeholders, to deliver a community solution to achieving improved outcomes for community justice; to reducing re-offending; and to support desistance. The emphasis is on local strategic planning and delivery through a partnership approach with a focus on collaboration and all that this entails.

72. A new body, Community Justice Scotland, will provide leadership and support for the sector, enhanced opportunities for innovation, learning and development, independent professional assurance to Scottish Ministers and Local Government Leaders and improvement support to partners where required. The unique role of the third sector is recognised in the new model which requires that community bodies be fully involved in the planning and delivery of improved outcomes. This ensures that the sector will continue to

have a strong voice and contribute positively to the delivery of improved outcomes for community justice in Scotland.

73. The model will be defined by an improvement culture through the establishment of an Outcomes, Performance and Improvement Framework against which statutory Community Justice Partners can plan and report. A set of common outcomes will ensure that we are working together to achieve what evidence tells us will reduce the chances of a person reoffending and bring improved results for people and communities across Scotland. It is anticipated that the set of common outcomes will reflect the key contributions that housing, employment, welfare and healthcare provision can make to supporting desistance.

74. A new National Strategy for Community Justice will provide us all with a coherent vision which facilitates and drives improvement. This is in progress with partners and stakeholders but the work undertaken, and evidence gathered, by this group will help inform its development.

ANNEX A GROUP MEMBERSHIP

1. The initial membership of the Group from October 2013 was:

• Cabinet Secretary for Justice – Kenny MacAskill (chair) • Cabinet Secretary for Fair Work, Skills and Training - Angela Constance • Minister for Community Safety and Legal Affairs - Roseanna Cunningham • Minister for Housing and Welfare - Margaret Burgess • Minister for Local Government and Planning – Derek Mackay • Minister for Public Health - Michael Matheson • Chief Executive, SPS - Colin McConnell

2. Following the formation of a new Cabinet in November 2014 the membership of the group became:

• Cabinet Secretary for Justice – Michael Matheson (chair) • Minister for Youth and Women’s Employment – Annabelle Ewing • Minister for Community Safety and Legal Affairs - Paul Wheelhouse • Minister for Housing and Welfare - Margaret Burgess • Minister for Local Government and Community Empowerment - Marco Biagi • Minister for Public Health - Maureen Watt • Chief Executive, SPS - Colin McConnell

MINISTERIAL GROUP COMMITMENTS ANNEX B

Minister Commitment

COMMUNITY REINTEGRATION

Cabinet 1. Given the detrimental impact of liberations on the days preceding weekends or public holidays, the Secretary Scottish Government will introduce legislation to provide the Scottish Prison Service with greater for Justice flexibility over release date, as a way of avoiding the disproportionate number of Friday liberations.

2. The Scottish Government will consult on reform of the Rehabilitation of Offenders Act 1974.

3. The Scottish Prison Service will ensure the implementation of its Purposeful Activity Review embeds the community reintegration needs of individuals leaving custody into all relevant workstreams.

DRUGS AND SUBSTANCE USE

Minister for 4. The Scottish Government allocates approximately £69m per annum to Alcohol & Drug Partnerships Community (ADPs) across Scotland. In allocating this funding, the Scottish Government will encourage and Safety and support ADPs and the Scottish Prison Service to work more closely to ensure a consistent process Legal Affairs for on-going support in the community. This will include the development and delivery of an improvement event, to be trialled at HMP Grampian in June 2015.

5. To enhance the quality of service provision and related outcomes, the Scottish Government will work with the Care Inspectorate to validate ADPs self-assessment against The Quality Principles: Standard Expectations of Care & Support in Drug & Alcohol Services. This will include drug and alcohol services delivered in prison and the transition from liberation to the community.

HOUSING

Minister for 6. In order to enhance the evidence base on the housing needs of those serving short term Housing and sentences, research will be commissioned to assess the importance of, and barriers to, securing Welfare stable accommodation on liberation across Scotland.

7. In order to test new and innovative approaches to improving housing outcomes for those serving short term sentences, an improvement project will be established to test out change within the Scottish Prison Service and housing partners.

EMPLOYABILITY

Minister for 8. The age range of the Community Job Scotland pilot for young offenders should be increased from Youth and 16 to 24 in order to have a greater impact on the employability prospects of those within the peak Women’s age of the reoffending cohort. Employment 9. The Scottish Government will seek to address the poor performance of the UK Government’s Work Programme in relation to outcomes for people with an offending background through dialogue with the UK Government.

10. The Scottish Government will explore enterprise (self-employment) as an option for increasing the employability prospects for those in custody as part of the employability workstream of the Scottish Prison Service’s Purposeful Activity Review.

11. The Scottish Government will review its internal recruitment policies and employability programmes in the context of employing people with criminal convictions and will also encourage other public sector employers, including NHS Scotland, to do the same.

12. The Scottish Government will organise a summit with employers to set out the actions underway on employability within the Scottish Prison Service and to champion the benefits of employing those with criminal convictions (joint commitment with Cabinet Secretary for Justice).

WELFARE

Minister for 13. Scottish Government welfare officials will work with the Scottish Prison Service and Local Housing and Authorities to develop a revised process map that will identify the barriers to accessing welfare Welfare support for those in custody.

14. Scottish Government welfare officials will assess whether female offenders are underrepresented in the Scottish Welfare Fund and consider whether further targeted work is required to increase uptake.

HEALTHCARE PROVISION

Minister for 15. Every prisoner should have a single multi-agency community integration plan. This should include Public an individualised health pathway, including arrangements for GP registration and, where Health appropriate, necessary referrals to specialist services (such as substance misuse or community mental health teams) to ensure on-going treatment in the community.

16. The National Prisoner Healthcare Network (NPHN) will commission a short life workstream to review current psychological interventions in health and justice both within prisons and through to community services.

17. NHSScotland and the Scottish Prison Service will work together to develop and implement a national specification for a smoking cessation service to be delivered in all prisons by June 2015. This should be the foundation for work to deliver the intention of A Tobacco Control Strategy for Scotland that there should be indoor smoke-free prison facilities in Scotland.

THE WAY FORWARD

All 18. All Ministers represented on the Ministerial Group will ensure the active contribution of their portfolios towards ensuring the aspirations of the new model for Community Justice set out in the Community Justice (Scotland) Bill are fully met.

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Published by The Scottish Government, September 2015

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