Justice Social Work: national practice standards and outcomes

2. Introduction

The statutory provision of services for those appearing in court, subject to supervision or leaving prison in Scotland is contained within S27 (1) (a/b) of the Social Work(Scotland) Act 1968 which places this duty on the local authority. In practice, this function is undertaken by social workers and paraprofessionals who are bound by both national and local policies.

The Global Definition of Social Work developed by the International Federation of social work highlights that:

“principles of social justice, human rights, collective responsibility and respect for diversities are central to social work.”

These principles should therefore underpin JSW practice standards and sit alongside the FRAME principles of balancing rights, proportionality, collaboration and evidence-based practice to be central to the consideration of intended outcomes for service delivery.

In addition, the current Scottish Government Vision for Justice in Scotland has a specific priority action with relevance to JSW:

“Shifting the balance between use of custody and justice in the community. While there will always be a place for prison we must take a person-centred approach to rehabilitation where people are supported in the most appropriate and effective setting. We will shift the balance to ensure the role of custody will be reserved only when no alternative is appropriate, instead seeing a greater availability of justice options within our communities. In doing so we will ensure that public protection remains a priority and that people going through the criminal justice system have access to the support and rehabilitation they need. This will reduce crime and further offending, and make our communities safer, reducing the number of victims who suffer trauma and harm.”

The primary objective for JSW is to work effectively with those within the justice system to address the behaviours, needs and risk factors which brought them into conflict with the law to reduce risks of further offending behaviour. The prevalence of people in the justice system who have experienced early life traumatic experiences resulting in low self- esteem and consequent substance dependency that brings them into contact with the justice system is well-documented. There is growing evidence that trauma-informed and responsive organisations, systems and practice, where the impact of trauma is understood by staff, and systems and ways of working are adapted accordingly, can reduce barriers for people to access support, whether through personal relationships, our wider communities and help from specialist and/or universal services. This can ultimately help those affected by trauma to build resilience, recover and experience improved outcomes. If services don’t respond in ways that adapt to the impact of trauma and reduce the barriers it can create, we risk a society in which those who have experienced the most harm and have the greatest need, have the least opportunity to access the specialist and universal services required.

Whilst the work of JSW is predominantly with the person within the justice system, consideration of the impact of their behaviour on victims of crime and wider communities remains central to the promotion of desistance. In addition, the impacts on family members must also be considered and they should be recognised and supported, both in their own right and because they can play a significant role in supporting desistance.

Particular consideration must also be given to any children the person may have following the incorporation into law of the United Nations Convention on the Rights of the Child which requires agencies in the justice system to uphold the rights of children with a parent in the system at each stage of the criminal justice process. Additionally, this is also relevant if JSW is working with a child within the justice system and services will need to demonstrate an approach that takes into account the different needs of children dependent on their age and stage of development.

The work of JSW can take place across a wide spectrum of settings. Workers may be based in locality offices, prisons or courts. They can work with people on unpaid work projects in the community, undertaking accredited groupwork or one to one sessions addressing key issues underlying offending behaviour. It is testament to the skills and adaptability of the worker that they can undertake their role in these diverse settings, often moving between them on any given day.

This work requires practitioners to work collaboratively with partner agencies from both the statutory and voluntary sector. The ability to effectively manage risks and meet the needs of those receiving a service often requires a multi-agency approach to achieve the best outcomes for those coming into contact with the justice system and for wider communities.