Justice Social Work Services: national throughcare guidance

8. Transfer to a different local authority within Scotland

Pre-release

8.1 Where the PBSW become aware that the person wants to move to an address out with their designated local authority for home leave or parole they should advise CBSW in the local authority where the person is allocated to in a timely manner.

8.2 CBSW should then contact the local authority where the person is proposing to reside or have home leave and request that this local authority complete an initial assessment on the proposed address.

8.3 If the proposed address is suitable, the proposed local authority will complete the requested report in collaboration with PBSW.

8.4 If the proposed address is not suitable, the designated local authority will complete the requested reports in collaboration with PBSW and will include relevant information obtained by the proposed local authority.

8.5 For purposes of home leave, it is the responsibility of the proposed local authority to assess if it is deemed necessary and suitable for contact with the person during any periods of home leave and to allocate a CBSW for this purpose.

8.6 The overall responsibility remains with the designated local authority until such a time an official transfer is accepted.

Post-release

8.7 People are no longer required to have a local connection to a local authority area before they are eligible for local authority housing in that area. While a person may be eligible for housing, it is the decision of proposed local authority area to accept or decline the request for transfer of the licence or order. Should the request be declined, there must be clear reasoning why the risk can’t be managed in their area to ensure the persons’ rights are upheld.

8.8 Where a person indicates that they want to move to another local authority, CBSW must contact the JSW team in the proposed local authority area to discuss the transfer request. CBSW in the proposed local authority will assess whether the transfer is manageable and work collaboratively with the CBSW to plan the move if it is approved.

8.9 Each area will have a procedure to support the transfer of persons moving into their area. This entails the receiving area agreeing to manage the licence conditions and work with the person for a period prior to formally accepting a transfer. It will be up to the CBSW in both local authorities to work collaboratively and share all relevant information during the transfer period. Public protection must be prioritised during any transfer period. If the person is subject to MAPPA oversight CBSW must refer to MAPPA: national guidance.

8.10 CBSW must ensure that they follow the relevant statutory processes depending on the licence/order being supervised in terms of notifying and receiving the approval of Scottish Ministers, Courts or Parole Board of the proposed change of location.

8.11 In all instances the following principles should be considered:

a) the over-riding consideration in relation to case transfers should be the protection of the public;

b) the need to consider the wider picture - there may be benefits in transferring the person out of a particular area, e.g. potential impact on victim(s), family support, employment;

c) the need to ensure that, where national standards for reporting and enforcement apply, these are maintained regardless of the transfer;

d) the provision of consistent and constant supervision of persons in the community; and

e) the sharing of relevant information when the person transfers.