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Circular No JD/15/2006 - Implementation of the Multi Agency Public Protection Arrangements (MAPPA) in Scotland

DescriptionGuidance on establishing the joint arrangements for implementation of the multi agency public protection arrangements.
ISBNWeb Only
Official Print Publication DateOctober 2006
Website Publication DateDecember 07, 2006

This document is also available in pdf format (3.9MB).

Justice Department

Community Justice Services Division

CIRCULAR No JD 15/2006

Chief Constables

Directors of Social Work

Chief Executive, Scottish Prison Service

Chief Executives, Local Authorities

Chief Social Work Officers

Criminal Justice Managers

Lead Officers for Throughcare

ACPOS Sex Offender Units

Visor Implementation Team

Copy to:

Chief Officers CJAs,

Liaison Officers CJAs

CoSLA, SFHA, CIHS, SACRO, SCRA, ADES

SE Development Department, SE Education Department

Risk Management Authority, HMIC,HMIP,SWIA, Parole Board,

PLSRD, Health

St Andrew's House

Regent Road

Edinburgh EH1 3DG

Telephone: 0131-244 3514

Fax: 0131-244 3548

sharon.grant@scotland.gsi.gov.uk

http://www.scotland.gov.uk

2 October 2006

STATUS: - IMMEDIATE - ACTION REQUIRED

SECTIONS 10 AND 11 OF THE MANAGEMENT OF OFFENDERS ETC, ( SCOTLAND ) ACT 2005:-

IMPLEMENTATION OF THE MULTI AGENCY PUBLIC PROTECTION ARRANGEMENTS (MAPPA) IN SCOTLAND

1. The purpose of this circular, which is issued by the Scottish Executive Justice Department Community Justice Services Division, with the agreement of the Scottish Prison Service (SPS), the Association of Directors of Social Work (ADSW) and the Association of Chief Police Officers, Scotland (ACPOS), is to ask you to begin work to establish the joint arrangements for implementation of sections 10 and 11 of the Management of Offenders (Scotland) Act 2005. The Mappa Guidance developed by the multi agency MAPPA Working Group is attached.

2. It is suggested that joint implementation groups be set up within the area of each Community Justice Authority to facilitate the development of the arrangements. Senior police officers and Directors of Social Work or their representatives are asked to liaise on how best to take this forward within their area. They should also involve representatives from the Scottish Prison Service in this process.

3. Part 1 of this circular provides the MAPPA guidance and model:

  • · the background to the introduction of the legislation
  • · an explanation of the target group covered by the legislation
  • · the model for the delivery of the joint arrangements
  • · a requirement to report progress in establishing arrangements

4. Part 2 of this circular provides:

  • · information on timing of the commencement of the legislation
  • · information on the Duty to Cooperate
  • · information on the geographical model for the delivery of the arrangements
  • · information on the funding of coordinators and administrative support
  • · advice on involvement of the VISOR implementation team
  • · information on further aspects of the guidance currently being prepared.

PART 1

Background

5. You will be aware that having worked with the Executive on the detailed provisions of the legislation, the Association of Chief Police Officers Scotland (ACPOS), the Association of Directors of Social Work (ADSW) and the Scottish Prison Service (SPS) have been working with the Justice Department to prepare guidance to inform the establishment and implementation of the arrangements under Sections 10 and 11 of the Management of Offenders etc (Scotland) Act 2005 Act. When commenced, the provisions will require the police, local authorities and the Scottish Prison Service (known as the responsible authorities) to jointly establish arrangements for the assessment and management of risk posed by sex offenders, violent offenders and those whose conviction lead the responsible authorities to believe that they still pose a significant risk of harm. The provisions also include Health Boards as a responsible authority in relation to those Mentally Disordered Offenders who are sex offenders or violent offenders.

6. From these discussions ACPOS, ADSW and the SPS as members of the Tripartite Group, it has been agreed that the model for delivering the new joint arrangements should be based on the Multi Agency Public Protection Arrangements (MAPPA) currently operating in England and Wales.

7. The Multi Agency Public Protection Arrangements (MAPPA) will provide the framework, for the police, local authorities, the Scottish Prison Service and the Health Service to work together and with other agencies in assessing and managing risk. The approach is based on assessment of the risk of harm posed to the community and the allocation of resources to match the level of risk. The MAPPA model and the guidance is therefore designed to deliver a consistent approach across the country to the management of high risk offenders in the community, allowing early identification of those high risk offenders who must be managed on a multi-agency basis, the sharing of relevant information involved in assessment of risk and the management of the risk posed.

8. You are therefore asked to set up implementation groups to develop joint arrangements for delivery. Part 2 of this circular provides information on the geographical organisation of local authorities, police forces and Health Boards within which the MAPPA model is to be delivered. Whilst the MAPPA model must be delivered consistently across the country it is understood that the arrangements for delivery might necessarily differ between areas. Further information on examples of possible delivery models is contained in Part 2 and Annex B of the attached guidance.

Target Group

9. The legislation at Annex A was drafted in consultation with the Responsible Authorities and, as required by the scope of the bill, was targeted at the management of offenders within the criminal justice system or subject to the notification requirements under the Sexual Offences Act 2003. The legislation covers children who have been convicted by the courts but it does not include those children who are part of the children's hearings system and have not been convicted by the court.

MAPPA Guidance

10. The attached Guidance sets out the MAPPA model. This guidance is a working document and, as such, is likely to be modified as the work of the Multi Agency Group progresses. However, whilst modifications might be made to certain parts of the guidance, the principles underpinning the MAPPA model itself will not change.

11. Part 1 of the guidance defines the group of offenders who fall within the ambit of the legislation and are covered by the joint arrangements. It also identifies the responsible authorities and explains that the lead responsible authority can change at different points in the process.

12. Part 2 of the guidance reflects the existing process of identifying and managing offenders before notification or referral to the MAPPA. This incorporates the Integrated Case Management process for the SPS and local authorities and the interface between ICM and MAPPA.

13. Parts 3-5 of the guidance set out the MAPPA model and describe the process for notification, referral and graduation from the MAPPA. A standard approach to meetings is proposed including the levels at which meetings are to be chaired. The coordination function of the MAPPA is explained including the role of the coordinator and associated job description.

Further guidance

14. Further parts to the guidance covering the following areas will be issued shortly:

  • · risk assessment and management,
  • · the duty to cooperate including a model Memorandum,
  • · information sharing
  • · review and reporting

Monitoring Progress of Implementation

15. The relevant parts of Sections 10 and 11 will come into force on 2 April 2007 for registered sex offenders. This means that the joint arrangements for sex offenders must be in place by that date. The Tripartite Group will be responsible for monitoring progress towards implementation and reporting to the Ministers for Justice. As such we would need to have regular information on progress within each CJA. This circular requests that multi-agency implementation groups are established at the earliest opportunity. In doing so, you are asked to ensure that the attached record of progress template is completed and returned no later than 15 November 2006 to Bruce.Sutherland@scotland.gsi.gov.uk.

16. Each implementation team should also appoint a single point of contact and provide their details to Bruce Sutherland no later than 8 November 2006. Our intention will be to request updates on progress at regular intervals.

PART 2

Timing

17. A Commencement Order will be made during October 2006, which will provide that the relevant parts of sections 10 and 11 of the Management of Offenders etc, Scotland Act 2005 will come into force in respect of registered sex offenders from 2 April 2007. This means that the Responsible Authorities will be required to begin the discharge of their functions under those sections from April 2007. We are aware that some police and local authorities are already working together to consider how the MAPPA model will be delivered.

18. The provisions in the Act for violent offenders will be introduced at a later stage and when a consistent approach to risk assessment and management of this group is identified. The Risk Management Authority has been asked to progress this as part of a number of multi agency work streams being taken forward through the Executive.

19. It should be noted that the Health Service will not become a responsible authority in terms of section 10(7) (c)) for mentally disordered offenders until the review of the Care Programme Approach has been completed. Further information will be made available in due course, however agencies might wish to involve the relevant Health Boards in their area at an early stage to make the necessary links and raise awareness.

20. Guidance on the duty to cooperate will be issued in due course.

Duty to Cooperate

21. The legislative provisions will also impose a duty to cooperate on agencies and bodies that will be required to work with the responsible authorities. The Health Service is under a duty to cooperate (section 10(12) of the Act) in respect of sex and violent offenders who are not classed as mentally disordered offenders and work is ongoing within the Executive to ensure that the role of the Health service under the duty to cooperate is included in the guidance to be issued. Additionally, a short life multi agency working group is meeting to define the generic roles and responsibilities of duty to cooperate agencies. This will be supported by the development of a set of principles and a model memorandum which will provide the basis under which local memorandums can be agreed between the responsible authorities and the duty to cooperate agencies. Whilst the duty to cooperate will be introduced by Scottish Statutory Instrument there is no barrier to the responsible authorities engaging with duty to cooperate agencies prior to this.

22. The Concordat on the Sharing of Information on Sex Offenders (www.scotland.gov.uk/Publications/2005/10/27174205/42063) and the Guidance on Protocols www.scotland.gov.uk/Publications/2005/10/3195049/50505) issued by the Executive in 2005 will play a crucial role in supporting the Memorandum of Understanding. Responsible authorities should review existing protocols on sharing information or develop protocols as required based on the guidance.

Geographical Organisation of the Responsible Authorities and the MAPPA

23. The geographical organisation of the MAPPA in Scotland has been the subject of much discussion between ACPOS and ADSW, who will be largely responsible for the management of offenders within the MAPPA. Annex D provides the breakdown of local authorities within each CJA area and the relevant police forces and health boards. Responsible authorities should use this model when establishing their arrangements.

24. The provisions in the legislation require the responsible authorities to jointly establish arrangements for the assessment and management of risk posed by sexual and violent offenders. As part of the implementation of the MAPPA model, we are asking the responsible authorities to also review their existing arrangements to deliver the model. I understand that the police are already looking at existing services as part of their response to the Irving Report recommendations. We would therefore expect the responsible authorities to work collectively to deliver the model, building on and utilising the existing resources already directed to the current arrangements. Whilst the Executive is funding the coordinator posts through criminal justice social work, the posts are intended to take the MAPPA arrangements forward on behalf of all the responsible authorities within the area of a CJA, representing the multi agency approach that is required to improve public protection.

25. In jointly establishing the arrangements the responsible authorities should consider how best existing resources can be deployed to achieve maximum benefit e.g. consideration of joint working within one location. This should also apply to the consideration of the use of VISOR within the arrangements. Annex B provides some examples of the different organisational models in place in England and Wales which might assist the responsible authorities in the development of local arrangements.

VISOR

26. VISOR is already available across all police forces and plans are being made to introduce it to the Scottish Prison Service and local authorities. The introduction of VISOR to the SPS is being led centrally by SPS. Progress on the introduction of VISOR for local authorities will require local authorities to take into account their needs for VISOR in the context of the development of local MAPPA arrangements. In doing so, local authorities are requested to contact the VISOR team for advice on the introduction of VISOR. A separate letter prepared in conjunction with the VISOR implementation team will be issued shortly to Directors of Social Work setting out the more detailed funding issues. We are aware that there may be some additional costs for the physical adaptation at proposed sites. These will be dependant on the model for delivery selected by the responsible authorities taking into account local circumstances.

Coordination of MAPPA

27. Experience of the MAPPA in England and Wales provides good evidence that the coordinator plays a crucial role in organisation of the MAPPA, engaging with the responsible authorities and the duty to cooperate agencies at both strategic and operational level and gate keeping to ensure that referrals to the MAPPA meet the criteria. Funding will be made available via Criminal Justice Social Work for the establishment of the posts of coordinator and administrative support as follows:

Lothian and Borders CJA

2 Coordinators

2 Administrative support posts

Northern CJA

2 Coordinators

2 Administrative support posts

Fife and Forth Valley CJA

2 Coordinators

2 Administrative support posts

Tayside CJA

1 Coordinator

1 Administrative support post

South West Scotland CJA

1 Coordinator

1 Administrative support post

North Strathclyde CJA

1 Coordinator

1 Administrative support post

Lanarkshires CJA

1 Coordinator

1 Administrative support post

City of Glagow CJA

1 Coordinator

1 Administrative support post

28. This does not necessarily mean that the coordinator need be located within a local authority, as the agreed delivery model should dictate this.

29. A model job description and person specification is included at Annex C of the Guidance.

Related Issues

Dynamic Supervision Project

30. You are asked to note that the Dynamic Supervision Project has now been identified for use by the SPS, police and local authorities to assist the risk management process. This is a major step forward and will play a crucial role in the delivery of the arrangements under sections 10 and 11. A multi agency implementation group has been established with the task of introducing the tool and developing a training strategy for introduction. Further information will be provided as work progresses.

Acknowledgements

The MAPPA working group would like to acknowledge the contribution made by SPS, police forces and local authorities to the development of this guidance and to the advice provided by the Home Office Public Protection Unit.

Contacts

31. If you have any queries regarding this guidance, please address these to your representative on the MAPPA Working Group in the first instance. The contact details for members are provided below.

MAPPA Contact List

Name

E-Mail

Sharon Grant, SEJD

Sharon.Grant@scotland.gsi.gov.uk

Paolo Mazzoncini, SEJD

Paolo.Mazzoncini.@scotland.gsi.gov.uk

Christine Thomson, SEJD

Christine.Thomson@scotland.gsi.gov.uk

Bruce Sutherland, SEJD

Bruce.Sutherland@scotla nd.gsi.gov.uk

Michael Stoney, SPS

Michael.Stoney@sps.gov.uk

Willie Manson. ACPOS

william.manson@spis.pnn.police.uk

Jane Martin, ADSW

Jane.Martin@dundeecity.gov.uk

Mike Hendry, VISOR

Michael.Hendry@spis.pnn.police.uk

Roisin Hall, RMA

Roisin.Hall@scotland.gsi.gov.uk

Barbara Farrand, SEJD

Babara.Farrand@scotland.gsi.gov.uk

Yours faithfully

Sharon Grant `