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MAPPA , and the Borders Multi-Agency Public Protection Arrangements

Annual Report 2010 – 2011

City of Edinburgh

West Lothian

Midlothian

The Contents 1/ Foreword 2/ MAPPA in Lothian and Borders 3/ Achievements 7/ Future goals 9/ Statistical information

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Foreword The Management of Offenders etc () Act 2005 introduced statutory functions for Responsible Authorities – Local Authorities, Scottish Prison Service, Police and Health Service – to establish joint arrangements for the assessment and management of the risk of harm posed by certain offenders.

Our Multi Agency Public Protection Arrangements (MAPPA) Annual Report provides an opportunity to present evidence of the successful work undertaken by MAPPA in Edinburgh, Lothian and the Borders by the Responsible Authorities and partner agencies with a duty to co-operate.

We know from experience that managing risk can be highly complex, with staff having to make difficult decisions on a daily basis. We also know that sharing information, building a clear picture of the risk an individual offender presents and directing resources in the best possible way lessens the likelihood of re offending.

Our Annual Report shows that the most serious offenders managed through MAPPA have been supervised effectively thereby preventing them re-offending and causing further harm. In addition, compliance has been high, with those who have not fully complied with notification requirements or statutory conditions returned to court or prison minimising the risk of further serious offences.

Complacency is the enemy of safety. Effective risk management requires ongoing monitoring, review and evaluation. While no system, however robust, can guarantee an offender will never go on to re-offend, I believe our commitment to continual development strengthens public protection arrangements across Edinburgh, Lothian and the Borders.

Assistant Chief Constable Iain Livingstone Vice Chair Edinburgh, Lothian and Borders Strategic Management Group.

Acknowledgements Prior to publication of our annual report, Mr David Hume retired from his position as Chief Executive, Scottish Borders Council. In addition, David was the Chair of Edinburgh, Lothian and Borders Executive Group (ELBEG) and ELBEG Strategic Management Group. We would like to acknowledge the significant contribution he made, not only to MAPPA, but all areas of public protection and wish him all the very best for the future.

During the reporting year, Mr Rob Strachan was appointed as Chief Officer, Lothian and Borders Community Justice Authority (CJA). The CJA is a key partner that fully supports and contributes to the public protection agenda and we look forward to continued collaborative working with Rob and his team.

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements 1/ MAPPA in Lothian and Borders Multi Agency Public Protection Arrangements (MAPPA) provide a framework to manage the risk posed by Registered Sex Offenders (RSOs) and Restricted Patients (mainly violent offenders with a small number of sex offenders). MAPPA brings together professionals from the police, local authorities, health and the Scottish Prison Service in Edinburgh, Lothian and the Borders, known as Responsible Authorities. These arrangements are co-ordinated by a central unit, while the practical management of offenders remains the responsibility of the Responsible Authorities at local level.

MAPPA manages three levels of offenders, with those of the highest risk or management complexity graded at Level 3. This year, for the fourth year in a row, there were no cases of Level 3 RSOs being convicted of a further crime of sexual harm or non-sexual violence. Of the Level 2 cases, one RSO was reconvicted under these criteria.

During the reporting year: ● 726 RSOs were managed under MAPPA. ● 96% of RSOs complied with their statutory notification requirements, and ● of the 4% who failed to comply, all were formally reported for breach of requirements.

Over the past year there have been 61 MAPPA Level 2 and 3 meetings convened across Edinburgh, Lothian and the Borders.

MAPPA in Edinburgh, Lothian and the Borders benefits from its unique access to a number of different services:

NHS Lothian’s Sex Offender Liaison Service (SOLS) provides psychological and psychiatric consultation, assessment and management advice to help Criminal Justice Social Work (CJSW), police offender management units and other agencies to manage challenging sex offenders with personality disorders and/or entrenched sexual deviance. The key to the success of SOLS is its integration with CJSW and Lothian and Borders Police. Our model matches that currently proposed in England and Wales by the Ministry of Justice and Department of Health.

Community Intervention Services for Sex Offenders (CISSO) continue to support the risk management work undertaken by the Responsible Authorities through the preparation of detailed Criminal Justice Social Work Reports (CJSWR) for the court prior to sentencing of convicted sex offenders. In addition, CISSO undertake community based treatment programmes with RSOs, which challenge behaviour and attitudes supportive of sexual offending and consider relapse prevention strategies.

During the reporting year CISSO prepared 77 reports, were consulted regarding a further 59, and engaged 57 RSOs in the Community Sex Offender Group work Programme (CSOGP).

Further Information about MAPPA can be found on the Scottish Government website: www.scotland.gov.uk/Topics/Justice/public-safety/offender- management/offender/protection

2/ Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Achievements in

Developing Practice Developments in MAPPA have focussed on strategy, training, monitoring/evaluation and most importantly, communication.

Strategic Development

Strategic Management Group Lothian and Borders Local Strategic Management Group, established in 2010, offers oversight, direction and support to improve risk management practice. The group has a responsibility for public protection, which makes it different from similar groups in other areas of Scotland. It straddles adult at risk protection and child protection as well as MAPPA, rather than addressing offender management separately.

NHS Lothian Sex Offender Liaison Service (SOLS) Having developed and established SOLS since the introduction of MAPPA in 2007, and with increasing demand for consultation and assessment, the key aim for the reporting year was to maintain capacity of the service to meet demand, and additionally to further develop involvement in multi-agency work with high risk offenders. The SOLS psychologist and psychiatrist, along with CJSW colleagues, examined the treatment needs of high risk RSOs with personality disorders, and potential ways to address these needs. Further work in this area will follow the outcome of the current national review and redesign of sex offender programmes both in custodial and community settings.

SOLS undertook 27 case discussions and commenced or completed 29 full assessments during the reporting year.

Reviewing Indefinite Registration of Registered Sex Offenders Offenders subject to indefinite registration are now required, under new legislation, to have their registration reviewed after a defined period. The purpose of the review is to establish whether a relevant offender continues (on the balance of probabilities) to present a risk of serious sexual harm, which therefore merits continued registration.

A process was developed and implemented across Edinburgh, Lothian and the Borders where the continued presence of such risk is assessed at MAPPA meetings, making it possible for informed decisions to be reached. This process has already begun for RSOs aged under 18 years at time of conviction, resulting in two offenders being de-registered, with preparations underway to begin the review of all indefinitely registered sex offenders from 2012. This process allows all agencies to focus their resources on those offenders who continue to present a risk of serious harm.

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements 3/ Training Development Training in effective intervention with sex offenders In June 2010, an all day training event was held for staff involved in MAPPA. This event promoted the latest findings from research on Internet offending and also developments in working with sex offenders, namely the ‘Good Lives Model.’ Dr Katherine Russell (Consultant Clinical Psychologist, NHS Lothian) presented the Good Lives Model input, which advocates that positive/achievement goals are more motivational and attractive than negative risk avoidance goals.

Training of Panel Chairs In October 2010, a training event was held for the chairs of MAPPA meetings. This event was aimed at fostering rigorous chairing which would achieve the most balanced and accountable decision-making in relation to the management of offenders within MAPPA. Feedback from the training was very positive.

The training has enhanced my understanding and awareness of the issues which need to be considered, and given me the confidence to ensure these are addressed when Chairing MAPPA meetings’ Detective Inspector

ELBEG 2010 Conference In early spring 2010, a very successful ELBEG conference was held, the theme being ‘Sharing Information in Public Protection – A Gateway not a Barrier’. ELBEG were delighted that Sir Michael Bichard, KCB, attended and provided a thought provoking keynote speech, which inspired and influenced MAPPA staff across Edinburgh, Lothian and the Borders. Sir Michael highlighted a number of key areas where further improvements could be made, such as: shared training of front line staff; leaders creating a climate where staff feel able to share information when appropriate; building further trust between agencies and with the public; and using technology to enable and support information being shared effectively.

As I said at the time of the Soham Report, there is no way we can by our actions guarantee that the vulnerable can always be protected. Human error will occur; circumstances will arise which could not reasonably have been predicted and evil people who dedicate their lives to finding flaws in our systems and procedures will sometimes succeed – which is why front line workers carry such a weight of responsibility and deserve our support. But surely, we can do better than is currently the case – and I say that knowing that so much good work does go on in all the agencies involved’

Sir Michael Bichard, ELBEG Conference, 2010

4/ Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Communication Keeping Children Safe Keeping Children Safe (Community Disclosure Scheme) was launched in Edinburgh, Lothian and the Borders on 31st March 2011. The Scheme provides a formal route for members of the public to directly raise child protection concerns. This means that parents, carers and guardians of children under 18 can officially ask for information about a named person who may have contact with their child if they are concerned that he or she might have convictions for sexual offences against children (e.g. if a single mother wants to find out more about a new boyfriend).

In addition to internal awareness-raising, Lothian and Borders Police conducted a series of briefings with partner agencies before the launch, produced four fortnightly partnership newsletters and contacted every RSO in the region to make them aware of the Keeping Children Safe scheme. The Force also appointed a KCS coordinator. Further information can be accessed at either: www.lbp.police.uk/ keepingchildrensafe or www.keepingchildrensafe.police.uk

Promoting Public Awareness of MAPPA To coincide with the publication of the MAPPA Annual Report in 2010, we engaged with a freelance journalist to promote the work MAPPA has undertaken across Edinburgh, Lothian and the Borders. The journalist was given access to key members of staff (CJSW Practice Team Leader, Consultant Forensic Psychiatrist and police Sex Offender Registrar) to provide an insight into their roles and responsibilities. In addition, after obtaining informed consent, arrangements were made for an interview with a local RSO. The subsequent article, published in The Herald, highlighted the professional nature of the supervision of RSOs across Edinburgh, Lothian and the Borders, and the offender’s perception of his management arrangements. The article presented a positive message demonstrating the constructive preventative work undertaken.

Given his clinical expertise and commitment to MAPPA and NHS Lothian’s Sex Offenders Liaison Services, Dr Raj Darjee (Consultant Forensic Psychiatrist) is well placed to promote public awareness of MAPPA. During the reporting year, Dr Darjee engaged with the Herald newspaper for an article focusing on the drive to update the Sex Offender Treatment Programme (SOTP).

I am not accepting and treating these people because I think I should be nice but because all the evidence shows that this is the way to reduce the risk of them abusing other people. A lot of what instinct tells us to do in terms of being nasty or confrontational…can actually make them more dangerous.

Dr Darjee It’s not about being nice, It’s about reducing sex offences

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements 5/ Monitoring and Evaluation Offender Management Committees Across Edinburgh, Lothian and the Borders, four Offender Management Committees have now been established to oversee and direct local MAPPA practice.* These committees have quality assurance systems in place in order to review and develop practice on an ongoing basis. Local MAPPA committees are unique to Lothian and Borders. Committee membership includes representatives from all the key agencies, a number of whom are also members of the child and adult protection committees, ensuring all communication gaps are closed.

Performance Management In addition to the quality assurance mechanisms developed by local offender management committees, senior staff from CJSW across Edinburgh, Lothian and the Borders meet regularly as the Performance Information Group. Performance information on all aspects of CJSW practice is shared in order to review processes and improve service. Within local authorities, routine file audits are conducted in accordance with Social Work Inspection Agency (SWIA - now Social Care and Social Work Improvement Agency Scotland - SCSWIS) guidelines.

High Risk Offenders Self Evaluation In line with recommendations contained within the SWIA inspection report Assessing and Managing Offenders Presenting a High Risk of Serious Harm (2009), CJSW staff across Edinburgh, Lothian and the Borders recently completed a self evaluation exercise, assisted by SWIA and the Association of Directors of Social Work (ADSW). This evaluation involved file audits, peer review with staff from different authorities across Edinburgh, Lothian and the Borders reviewing each other’s practice, and the development of action plans for each local authority.

*East and Mid Lothian formed a joint committee to make more efficient use of resources.

6/ Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Future Goals

In the four years since MAPPA inception, we have reflected and identified the following key goals for future development.

Community Justice Authority/Edinburgh, Lothian and Borders Executive Group Partnership Support Programme During the next reporting year, the CJA and ELBEG intend to deliver a partnership development programme, including an Effectiveness Test of ELBEG and MAPPA partnership arrangements, and a ‘What Works?’ workshop for MAPPA partners. The Partnership Support Programme will make sure that ELBEG and associated MAPPA partnership arrangements are fit for purpose, add value for all strategic partners and reduce re-offending. The intended overarching outcome will be strong, effective, intelligence led partnership working arrangements that are fully equipped to understand and respond to the public service reform and wider challenges facing us, including deficit reduction.

Disclosure The Management of Offenders etc. (Scotland) Act, 2005 (Disclosure of Information) Order 2010, came into force in July 2010 and allowed the relevant supervisory agencies to tell Jobcentre Plus of restrictions on the type of employment, training or educational placement that can be made available to registered sex offenders and restricted patients.

The arrangements were rolled out across Edinburgh, Lothian and the Borders in April 2011, and we will continue to monitor our processes to make sure information sharing is effective, preventing those who pose a risk of serious harm from being given unsuitable work/training placements.

Training and Promoting MAPPA We are committed to our rolling programme of MAPPA training events across Edinburgh, Lothian and the Borders. A series of single and multi agency MAPPA awareness raising events have taken place and will continue to be held throughout the reporting year, providing an ideal opportunity to boost understanding of MAPPA for those professionals involved on the margins. In particular, on publication of the new MAPPA Guidance we intend to deliver training in relation to the revised risk assessment and risk management framework. There is a scheduled training programme in place for those senior staff members who chair Level 2 and 3 MAPPA meetings.

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements 7/ Developing the Use of Sexual Offences Prevention Orders (SOPO) In Autumn 2011, new legislation is expected to come into effect that will allow Sheriffs to place requirements as conditions on SOPOs, as opposed to the current arrangements that allow only prohibitive conditions. This amendment will allow police to apply for the inclusion of conditions requiring an RSO to undertake specific courses of action where there may otherwise be no obligation to comply, such as: requiring an RSO to provide access to their computer equipment to allow officers to examine it and on-line activity; participating in risk assessments; providing details of motor vehicles RSOs have access to.

The intention of a SOPO is to put in place measures which address specific risk factors associated with an offender’s lifestyle and/or behaviour, thereby disrupting behaviour, which precedes sexual offending. For some offenders the existence of a SOPO is enough to provide structure within their daily lives, through which they are able to avoid further offending. Ultimately, the inclusion of positive requirements will provide additional opportunities both to disrupt worrying behaviour, and engage offenders in the management process.

Participation in the National MAPPA Forum Lothian and Borders MAPPA co-ordinators will continue to take part in the quarterly national co-ordinators meetings, which provide an opportunity to engage in dialogue with Scottish Government officials.

Parent Protect Toolkit The Scottish Government and Association of Chief Police Officers (Scotland) (ACPOS) work in close partnership with Stop It Now! Scotland to provide a range of activities aimed at the early identification and prevention of sexual offending.

In association with partners, Lothian and Borders Police are working with Stop It Now! Scotland to introduce the Upstream Project across Edinburgh, Lothian and the Borders. This includes training a number of community based officers to deliver the Parent Protect toolkit to help inform and empower communities to prevent sexual abuse.

Along with Keeping Children Safe, the Parent Protect toolkit makes it easier to provide more accurate advice and information to members of the public, helping to:

● Dispel common myths around child sexual abuse, ● Give parents and carers practical information to help keep children and young people safe from harm, and ● Enhance awareness of the services available to them should they have any concerns.

For further information on Stop It Now! please access the website: www.stopitnow.org.uk/contact-us.aspx

8/ Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Statistical information Lothian and Borders Community Justice Authority Area for year 2010-2011.

Table 1. Statistical Information*.

Registered Sex Offenders (RSOs) Number

At liberty and living in your area on 31st March 591 Per 100,000 of the population on 31st March 63.53

Those having a notification requirement who: Complied with notification requirements 568 Were reported for breaches of the requirements to notify 23

“Wanted” on 31st March 2 “Missing” on 31st March 3

Table 2. Statistical Information*. This Table shows Civil Orders applied and granted in relation to RSOs.

The Number of Applied for Granted by by Police the Courts

Sexual Offences Prevention Orders 7 5 (SOPOs) Risk of Sexual Harm Orders (RSHOs) 1 0 SOPOs imposed by courts at N/A 4 time of conviction Interim SOPOs 6 6 Interim RSHOs N/A 0 Full RSHOs 1 0 Foreign Travel Orders (FTOs) 0 0 Notification Orders (NOs) 1 1

Note: The disparities between these figures are due to orders applied for during previous reporting year/ granted during reported year/applied for during reporting year.

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements 9/ Table 3. Statistical Information*

Registered Sex Offenders (RSOs) Number of Offenders

Managed by MAPPA Category** Level 1 – Ordinary Risk Management 633 Level 2 – Multi-agency Risk Management 101 Level 3 – MAPPP 4

Convicted of a further crime of sexual harm or non sexual violence MAPPA Level 1 3 MAPPA Level 2 1 MAPPP 3 0

Returned to custody for a breach of statutory conditions 15 (including those returned to custody because of a conviction of further crime of sexual harm or non sexual violence)

Returned to custody for a breach of SOPO 8

Returned to custody for a breach of FTO 0

Returned to custody for a breach of RSHO 0

Breached their statutory conditions but were not returned to custody 4

Were subject to formal disclosure 1

10/ Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Table 4. Statistical Information*

Restricted Patients (RPs) Number

Living in your area on 31st March 31 During the reporting year 38

Per Order: Compulsion order and restriction order (CORO) 28 Hospital Direction (HD) 0 Transfer for Treatment direction (TTD) 3

Within hospital/community: State Hospital 6 Other hospital no suspension of detention (SUS) 11 Other hospital with unescorted SUS 15 Community (Conditional Discharge) 5

Managed by category between 1 April and 31 March** Level 1 – ordinary agency risk management 24 Level 2 – multi-agency risk 14 Level 3 – MAPPP 0

Convicted of a further crime of sexual harm or non sexual violence MAPPA Level 1 - 3 0

On Suspension of detention Did not abscond or offend 23 Absconded 1 Absconded and then offended 0 Absconsion resulted in withdrawal of suspension of detention 1

On Conditional Discharge Did not breach conditions, not recalled or did not offend 4 Breached conditions (resulting in letter 0 from the Scottish Government** Recalled by Scottish Ministers due to breaching conditions 0 Recalled by Scottish Ministers for other reasons 0

Table 5. Delineation of RSOs by age on 31st March

Age RSO Number RSO Percentage %

Under 18 1 0.17 18-21 20 3.38 22-31 84 14.21 32-41 115 19.46 42-51 145 24.53 52-61 110 18.61 62-71 84 14.21 72-81 29 4.91 82-91 3 0.51

*Unless stated the statistics recorded are for the reporting period 1 April to 31st March.** These statistics represent a full year and it should be noted that offenders move between levels of management depending on identified risk, which can change with changing circumstances. This is a dynamic environment where effective risk assessment and information sharing is vital. Very few offenders remain at level 3 for long periods as the management of risk is usually agreed and settles to allow the person to be managed at level 2 or level 1. Level 3 are the critical few where the involvement of senior management is required due to the high risk involved or the complexity of the situation, which may require unusual resource commitment. Note: The level 1 figure should include all offenders who have been notified to the MAPPA Coordinator by the Responsible Authorities and who have not been managed at either levels 2 or 3 between the periods 1st April and 31 March. The level 2 figure should include those offenders who have not been managed at level 3 at any point between 1st April and 31st March.

Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements 11/ Table 6. Delineation of population of RSOs on 31st March

Sex RSO Number RSO Percentage %

Male 588 99.49 Female 3 0.51

Table 7. Delineation of RSOs by ethnicity on 31st March

Ethnic Origin RSO Number RSO Percentage %

Asian or Asian British any other Asian 3 0.51 Asian or Asian British Bangladeshi 1 0.17 Asian or Asian British Indian 0 0 Asian or Asian British Pakistani 5 0.85 Black or Black British African 0 0 Black or Black British any 1 0.17 other Black Background Black or Black British Caribbean 0 0 Chinese or other Ethnic Group Chinese 1 0.17 Chinese or other Ethnic Group other 0 0 Mixed other 2 0.34 Mixed White and Asian 0 0 Mixed White and Black African 2 0.34 Mixed White and Black Caribbean 0 0 Not Known 4 0.68 Subject declines to define ethnicity 0 0 Subject does not understand 1 0.17 White British 546 92.39 White Irish 7 1.18 White other 18 3.05

Table 8. Number of RSOs managed under statutory conditions and /or notification requirements on 31st March

RSOs Number Percentage %

On statutory supervision 181 30.63 Subject to notification requirements only 410 69.37

Table 9. Delineation of RSO victims

RSOs Number Percentage %

Convicted of a notifiable offence against 391 66.16 a child under 16 years

Convicted of a notifiable offence against 200 33.84 a victim over 16 years

12/ Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements Edinburgh, Lothian and the Borders Multi-Agency Public Protection Arrangements NHS Lothian