EAST AYRSHIRE COUNCIL

CABINET: 24 APRIL 2013

REDESIGNING THE COMMUNITY JUSTICE SYSTEM: A CONSULTATION ON PROPOSALS

Report by Executive Director of Educational and Social Services

1. PURPOSE 1.1 To advise Cabinet of the content of the Consultation on Redesigning the

Community Justice System, and to seek approval of the East Ayrshire Council response.

2. BACKGROUND 2.1 The consultation paper was issued by the Scottish Government on 20

December 2012, and sets out three possible options for redesigning the Community Justice System.

2.2 The paper outlines the detail of the three options and seeks views on which

option is most suited to deliver better outcomes for victims, people who offend, their families and local communities. It should be noted that two of the three options suggest the removal of the criminal justice social work service from local authorities.

2.3 Consultation responses are invited by 30 April 2013, with respondents asked

to complete a questionnaire (Appendix 1). 2.4 On 13 February 2013, a paper was presented to the Corporate Management

Team outlining an indicative timetable for co-ordination of the Council’s response to the consultation. This has been planned and delivered as follows:

Date Activity Officers Involved March 2013 Briefing Session with Key Elected

Members on the South West Scotland Community Justice Authority and Criminal Justice Joint Committee

Head of Service: Children, Families and Criminal Justice

14 March 2013 Community Planning Partnership Board

PPP Manager

22 March 2013 Staff Workshop – To consider and comment on Options

Service Manager: Criminal Justice

16 April 2013 Development Seminar for Elected Members

Head of Service: Children, Families and Criminal Justice &

Service Manager: Criminal Justice

17 April 2013 Redesigning the Community Justice System – Public and Practitioner Consultation Workshops – Fenwick Hotel (Scottish Government led)

Scottish Government

24 April 2013 Consultation Response considered by Cabinet

Head of Service: Children, Families and Criminal Justice

25 April 2013 Community Planning – Community Safety Thematic Working Group Workshop

Head of Service: Children, Families and Criminal Justice

30 April 2013 Response to be submitted to Scottish Government

Head of Service: Children, Families and Criminal Justice

3. CONTEXT 3.1 Responding to this consultation requires an understanding of the: -

• Nature of the Community Justice System;

• Current role and function of the Community Justice Authority (CJA);

• History of Criminal Justice Social Work and previous proposals for change;

• Case for change.

Nature of the Community Justice System 3.2 A number of recent reports have been published which outline the nature of

the community justice system in Scotland, including: -

• Scotland`s Choice-Report of The Scottish Prisons Commission(2008)

• Protecting Scotland`s Communities :Fair, Fast and Flexible Justice(Scottish Government,2008)

• An Overview of Scotland’s Criminal Justice System (Audit Scotland,

September 2011);

• Commission on Women Offenders (Scottish Government, April 2012)

• Reducing Reoffending in Scotland (Audit Scotland, November 2012)

3.3 A number of themes emerge from these reports as follows: -

• There is no single community justice system, rather a number of different systems and complex sets of processes;

• Scotland`s daily prison population has steadily risen by 26.7% against a backdrop of falling crime rates and lower reconviction rates over the last nine years(2002/03 to 2011/12);

• The number of people given a community sentence has increased by

10.3% over the last seven years(2004/05 to 2011/12); • The community justice system is demand led, but the demand is not

straightforward. While the number of recorded crimes and offences is falling, the number of people in prison and the number of community sentences are increasing, putting pressure on services to reduce reoffending;

• The system consists of a range of agencies with differing functions

including, The Scottish Prison Service (SPS), Community Justice Authorities (CJAs), the Police, NHS, Local Authorities (including Criminal Justice Social Work), the judiciary, the Crown Office and Procurator Fiscal Service, the Scottish Prison Service and voluntary organisations. In addition, a range of partnerships also impact on community justice, including Alcohol and Drug Partnerships (ADPs), Child Protection Committees, Adult Protection Committees and Violence Against Women Partnerships;

• Reoffending is a continuing problem in Scotland with estimated costs of £3billion per year.

• £128million was spent in reducing reoffending in 200/11, but there is a mismatch between what is delivered and what is known to work. For example, Criminal Justice Social Work Services continues to be funded on the basis of orders as opposed to levels of risk, needs and outcomes.

Current Role and Function of the Community Justice Authority (CJA)

3.4 CJAs were established through the Management of Offenders etc. (Scotland)

Act 2005 to improve joint working and reduce reoffending. CJAs are independent statutory bodies with no operational responsibility for the delivery of criminal justice services. There are eight CJAs in Scotland, which are not directly accountable to Scottish Ministers or local authorities. Their duties are very limited, and mainly relate to supporting/facilitating partnership working, and joint planning between key agencies under a “Duty to Cooperate”. They also have a responsibility for the distribution of the local authority grant for the Criminal Justice Social Work service.

3.5 Each CJA Board comprises of elected members, and a Chief Officer is appointed to ensure sound governance. CJAs receive approximately £1.5million per year for staffing and running costs. The South West Scotland CJA covers Dumfries and Galloway, East Ayrshire, North Ayrshire and South Ayrshire, at a cost of £223,806.

3.6 The Audit Scotland report (2012) highlighted that “CJAs have made progress

in bringing people together but have had little impact on reducing reoffending. The way they were set up has significantly limited their effectiveness, and there are no nationally agreed measures to assess their performance”.

History of Criminal Justice Social Work and Previous Proposals for Change

3.7 In 1991, the former Scottish Office introduced 100% ring fenced funding for

criminal justice social work services, and subsequently published National Objectives and Standards for Social Work Services in the Criminal Justice System (SWSG, 1991), the most immediate practical consequence of which resulted in the creation of new specialist arrangements for the management and delivery of criminal justice social work services in Scotland. This change was made in an attempt to address the increasing use of short custodial sentences in Scotland, along with continuing high levels of reoffending.

3.8 In 1998, the Scottish Executive published the “Tough Options” report.

Following local government reorganisation in 1996 it was recognised that criminal justice social work services were too small to achieve economies of scale and that change was required. In reality very little changed although it led to the formation of formal partnerships in some parts of the country including the Ayrshire Criminal Justice Partnership in 2002.

3.9 In 2003 the Scottish Executive introduced a consultation proposal on the

Scottish Prison Service and criminal justice social work services coming together into one organisation to form a National Correctional Agency. The outcome of the consultation was not supportive of a single agency which led to the formation of Community Justice Authorities (CJAs) across Scotland via the Management of Offenders etc. (Scotland) Act 2005.

3.10 In 2008, Scotland’s Choice (Report of the Scottish Prisons Commission, July

2008) was tasked with identifying the problems and solutions associated with Scotland’s use of imprisonment. It made a number of recommendations, including the need to gain control over prison numbers as the necessary first steps “to limit its damaging effects and to focus efforts on more effective punishments”. The report also recommended the creation of a National Community Justice Council (NCJC) to renew vision, visibility and leadership of community justice services.

The Case for Change 3.11 The consultation paper sets out the case for change which includes: -

• The need for more effective arrangements which address reoffending;

• The increasing costs associated with a high rate of custodial sentences;

• The need for strengthened leadership; clearer accountability and improved strategic planning and service delivery across systems;

• The need to improve funding arrangements to ensure that resources are

targeted at effective approaches to reducing reoffending, recognising that evidence suggests that community sentences are more effective at reducing reoffending.

3.12 Importantly, it should b noted that two of the options seek that criminal justice

social work services are removed from local authorities, and transferred to either a national service on an enhanced CJA service.

4. KEY CHARACTERISTICS 4.1 The Scottish Government has set out a number of key characteristics which

would support the delivery of better outcomes for victims, for people who offend, their families and local communities. These include: -

• strategic direction and leadership to drive forward performance

improvements and deliver public services that protect victims and communities and meet the needs of people who offend;

• a focus on prevention and early intervention;

• better and more coherent person-centred opportunities for supporting

desistance which focus on developing the capacities and capabilities of offenders to enable them to make a positive contribution to their families and communities;

• clearer lines of strategic, political and operational accountability to support

continuous improvement;

• effective local partnership and collaboration that brings together public, third sector and private sector partners, including non justice services, and local communities, to deliver shared outcomes that really matter to people;

• strategic commissioning of services that are based on a robust analysis of

needs, evidence of what supports desistance and best value for money;

• a strong and united voice that represents community justice interests with the judiciary, public and media;

• better data management and evaluation to assess organisational and management performance, including the impact of services;

• involvement of service users, their families and the wider community in the planning, delivery and reviewing of services;

• provision of an overview of the system as a whole, including consistency

and breadth of service provision;

• better integration between partnership structures, services and organisations working with offenders and their families;

• a more co-ordinated and strategic approach to working with the third

sector;

• a strategic approach to workforce development and leadership for criminal justice social work staff that is based on evidence of what supports desistance and builds expertise, capacity and resilience and encourages collaborative working with other professionals towards shared outcomes;

• greater professional identity for community justice staff which builds on

their existing values and provides well defined opportunities for career progression;

• ability to follow innovation nationally and internationally, as well as develop

and share evidence based good practice; 5. OPTIONS 5.1 The options for consideration within the consultation are: - Option A: Enhanced CJA Model

Option B: Local Authority Model Option C: Single Service Model

5.2 The consultation outlines that all of the options will require primary legislation

change, and the preferred model will require to be implemented through the reconfiguration of existing resources.

Option A: Enhanced CJA Model 5.3 This option would mean that CJAs would continue to be the key strategic

body (with the same geographic boundaries) with the following additions: -

a) A chair of each CJA would be appointed by Scottish Ministers and be accountable to the Cabinet Secretary Justice, with an additional option of appointing Board members on a public appointment basis. Membership would be widened to include a member of the Health Board, Registered

Social Landlords (RSLs) and two non executive members e.g. from academia or the private sector.

b) A statutory duty would be placed on all partner bodies to work together to

develop a local plan for reducing reoffending and engage in its delivery;

c) CJAs statutory functions would be expanded to include strategic commissioning of services and to promote the CJA’s role in the community and represent community justice interests with the local judiciary, media and public.

d) A possible addition for CJAs to have operational responsibility for criminal

justice social work services in the community.

Option B: Local Authority Model 5.4 This option would mean that CJAs would be abolished, and local authorities

would assume both the strategic and operational responsibility for the planning, designing and delivery of services for offenders in their area.

5.5 This would require: -

• A new statutory responsibility to consult with partners and deliver a strategic plan for reducing reoffending in their area;

• A legal requirement for the plan to be approved by Scottish Ministers;

• A statutory responsibility for partners to work with the local authority;

• Work with the Risk Management Authority (RMA) which is to broaden its scope in respect of performance management, production of guidance, programme development and workforce development.

Option C: Single Service Model

5.6 This option would mean that CJAs would be abolished and a national social

work led service for community justice established, with both strategic and operational responsibility for planning, managing and delivering community based offender services. This would be a non departmental public body headed by a Chief Executive and a Board appointed through public appointments.

• There would be a statutory duty placed on partners to work with the single

service;

• Service delivery would be aligned to the North, East and West of Scotland Federation model adopted by the Police and the Crown Office and Procurator Fiscal Service;

• Each Federation would be headed by an Area Director who would report directly to the Chief Executive and have links to community planning arrangements;

• Workforce development would be facilitated by the establishment of a “dedicated criminal justice unit”.

6. SOME CONSIDERATIONS 6.1 In considering a response to this consultation, the following additional

considerations will be important for East Ayrshire, within the context of our Transformation Plan 2012 - 2017: -

• Building on Strengths

While there is concern about the limited impact of CJAs (see paragraph 3.6), the South West Scotland Community Justice Authority (SWSCJA) has been effective in creating partnerships which have resulted in positive achievements, including an overall reduction in re-offending. Key partnership developments have progressed including the development of toolkits (e.g. victim awareness) and joint approaches to external funding. This reflects the leadership and work of the local CJA team and partnership working, as opposed to the structure of the CJA. In responding to this consultation, we need to consider how to build on the strengths of the work to date. We would wish to avoid “start again syndrome” and the delay of progress due to structural change.

• Maximising the Effectiveness of Existing Structures

The local authority has a lead role in community planning, with a focus on partnership working towards common priorities, and outcomes. This approach has been effective in a range of areas, for example, in respect of public protection; substance misuse (ADP); child protection (CPC); adult protection (APC) and violence against women (VAWP).

• Clarity of Function: Strategic and Operational

The consultation highlights the need for: − a strategic function, with effective planning and engagement of all

partners being fundamental to improving services and to reducing reoffending; and

− an operational management function, but the consultation refers only to

criminal justice social work.

In responding to this consultation, there needs to be clarity about the distinctly different function which the CJA has fulfilled in engaging all

partners in respect of reducing re-offending and the statutory function of criminal justice social work in respect of service delivery.

• Early Intervention and Prevention Any new structure will require to be flexible and have capacity to respond to the range of challenges and complexities within the justice system, while also having a commitment to the principles of early intervention and prevention.

• Maximising Resources Any new structural arrangement will require to ensure a shared commitment and ownership to the use of resources across the partnership. This means identifying the strengths and unique contributions of people and organisations, and using this to address common aims and priorities.

• Creativity and Innovation Structural change alone will not reduce offending or change lives. People working within partnerships will require to be supported in finding creative and innovative ways of responding to local need which supports desistance approaches.

7. RESPONSE 7.1 Our draft response is detailed at appendix 1. To date, our consultation with

stakeholders has highlighted the following: -

• Option A: Enhanced CJA Model

The feedback to date highlights the limited knowledge and understanding of the role of the CJA. It has also been noted that CJAs are very limited in their powers, yet an extension of these powers is questioned due to the fact that the landscape of agencies across community justice is already cluttered and due to a view that existing partnerships can take responsibility for strategic planning related to reducing reoffending. While there is recognition of some of the positive work undertaken by the SWSCJA staff team, and the commitment of local elected members in leading and supporting work relating to reducing reoffending, it was noted that this could be achieved within community planning arrangements, without the need for an independent, separately funded organisation. On this basis, there is no support for an enhanced CJA model.

• Option B: Local Authority Model

The feedback recognises that the lead strategic partnership role is a key strength for East Ayrshire Council e.g. Chid Protection Committee, Adult Protection Committee, Violence Against Women Partnership and Alcohol

and Drugs Partnership. There is general consensus that the local authority is well placed to lead on the reducing reoffending agenda, within the context of community planning arrangements. Some questions were raised about the need for commitment by all agencies, and it was noted that legislation requiring all statutory agencies to work together to create and implement a local plan focusing on reducing reoffending will be helpful. The main question about this proposed model is the feasibility of creating 32 strategic partnerships in each local authority area, and the implications of this for engaging other partner agencies (especially at a national level e.g. Scottish Prison Service). For this reason, East Ayrshire Council has suggested a fourth option which is based on the local authority led option.

• Option C: Single Service Model

There is no support for a national criminal justice social work service, as this would not achieve transformational change across community justice, with the collective ownership and responsibility of all agencies. This would have the potential to disconnect work with people involved in offending from other social work provision e.g. children and families (with these services often working together with the same families). In addition, there is concern about a loss of local focus with implications for community based work. In particular, staff expressed concern about being disconnected from other local authority and other community based services which are crucial to their work. Finally, there is also concern about the possible loss of professional identity in the absence of day to day holistic social work professional leadership and management.

8. ADDITIONAL OPTION 8.1 The East Ayrshire Council response offers a fourth option for consideration,

based on a local authority led model, maximising our existing community planning arrangements and working across local authority geographical boundaries (i.e. Ayrshire wide and South West Scotland wide). The details of our proposed option is set out at appendix 1.

9. FINANCIAL IMPLICATIONS 9.1 The consultation seeks a view about the continuation of ring fenced funding

for criminal justice social work services. In the longer term, this may not be necessary, however it is proposed that this transparency would be helpful during this transition process.

9.2 The Scottish Government currently provides £1.5 million per year to the eight

CJAs to meet the cost of staffing and running costs. If the local authority is to adopt a lead role in forming a strategic partnership with a focus on reducing reoffending it cannot be assumed that existing community planning resources have the capacity to absorb these additional responsibilities. It is suggested to the Scottish Government that resource transfer is considered from CJAs to local authorities.

10. HUMAN RESOURCE IMPLICATIONS 10.1 There is potential for significant human resource implications, however this

will not be known until the preferred option is decided. For the local authority, this could involve a transfer of social work criminal justice staff to a national agency or to an enhanced CJA.

11. RISK IMPLICATIONS 11.1 The consultation presents a number of potential risks. If it is accepted that

transformational change is require across the community justice system, then this needs to include all agencies from the point of arrest to criminal charges being made; prosecution; conviction; sentencing; through to a disposal being made (custodial or community based). This consultation has a narrow focus, and therefore there is a significant risk that the proposed outcomes are not achieved through either of the options.

11.2 From a Council perspective, there are significant risks involved in losing the

operational responsibility for criminal justice social work services. This would mean a disconnect from local people, communities and issues, which is gained by being part of a local authority setting. It would also have the potential for creating barriers in respect of accessing services, recognising that social work staff rely on colleagues in housing, leisure, adult education, financial inclusion, employment and neighbourhood services to resource individual plans. There is particular concern about the negative impact on public protection arrangements should criminal justice lose local connections.

12. LEGAL / POLICY IMPLICATIONS 12.1 As outlined in the consultation and in our response, it is likely that new

legislation will be created to enable new working arrangements. 13. EQUALITY IMPLICATIONS 13.1 The consultation response highlights the importance of undertaking an

equality impact risk assessment in respect of the preferred option. 14. COMMUNITY PLANNING 14.1 The consultation response highlights that a proposed strategic partnership

leading on reducing reoffending could operate within the framework of community planning.

15. RECOMMENDATIONS 15.1 It is recommended that Cabinet: -

(i) note the contents of the consultation and the options presented;

(ii) note the comments received from stakeholders;

(iii) agree the proposed option as detailed at appendix 1; and

(iv) agree the contents of the draft consultation response as detailed at appendix 1.

Graham Short Executive Director of Educational and Social Services ST/JB 9 April 2013

LIST OF BACKGROUND PAPERS

Redesigning the Community Justice System: A Consultation on Proposals (December 2012) Scotland`s Choice-Report of The Scottish Prisons Commission (July 2008)

Protecting Scotland`s Communities: Fair, Fast and Flexible Justice (Scottish Government, December 2008) An Overview of Scotland’s Criminal Justice System (Audit Scotland, September 2011); Commission on Women Offenders (Scottish Government, April 2012) Reducing Reoffending in Scotland (Audit Scotland, November 2012)

For further information on this report please contact:-

Susan Taylor, Head of Service: Children, Families and Criminal Justice, 01563 576597

IMPLEMENTATION OFFICER: SUSAN TAYLOR, HEAD OF SERVICE (CHILDREN, FAMILIES AND CRIMINAL JUSTICE)

ANNEX B

REDESIGNING THE COMMUNITY JUSTICE SYSTEM A CONSULTATION ON PROPOSALS RESPONDENT INFORMATION FORM Please Note this form must be returned with your response to ensure that we handle your response appropriately 1. Name/Organisation Organisation Name

East Ayrshire Council Title Mr Ms Mrs Miss Dr Please tick as appropriate Surname

Taylor Forename

Susan 2. Postal Address Educational and Social Services Council Headquarters London Road Kilmarnock

Postcode KA3 7BU Phone 01563 576597 Email susan.taylor@east-ayrshire.gov.uk

3. Permissions - I am responding as…

Individual / Group/Organisation

Please tick as appropriate

(a) Do you agree to your response being made available to the public (in Scottish Government library and/or on the Scottish Government web site)?

Please tick as appropriate Yes No

(c) The name and address of your organisation will

be made available to the public (in the Scottish Government library and/or on the Scottish Government web site).

(b) Where confidentiality is not requested, we will make your responses available to the public on the following basis

Are you content for your response to be made available?

Please tick ONE of the following boxes Please tick as appropriate Yes No Yes, make my response, name and

address all available

or Yes, make my response available,

but not my name and address

or Yes, make my response and name

available, but not my address

(d) We will share your response internally with other Scottish Government policy teams who may be addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for Scottish Government to contact you again in relation to this consultation exercise? Please tick as appropriate Yes No

Appendix 1

FOREWORD TO EAST AYRSHIRE COUNCIL’S RESPONSE

East Ayrshire Council welcomes the opportunity to comment on the consultation in respect of the proposed redesign of the community justice system. It is helpful that the Scottish Government has engaged with a range of agencies and strategic bodies in considering the potential impact of these proposed changes.

In drafting this response, East Ayrshire Council is acutely aware of the significant changes being brought about in respect of public reform (e.g. health and social care) and the considerable financial challenges which public agencies, including local authorities are experiencing. For these reasons, the East Ayrshire Council response is based on a commitment to key principles which are set out in our own Council’s Transformation Plan (2012/2017).

It is also important to note that the transformation of Scotland in respect of reducing reoffending, particularly in respect of our increasing, inappropriate use of prisons, will require commitment by both politicians and the judiciary – this cannot be achieved by only community based services. Addressing the complexities of poverty remains a significant underlying issue for Scotland, and the national commitment to investing in early years services must be directly connected to this work.

In respect of the redesign of community justice, it is disappointing to note that: -

1. The main thrust of the consultation relates to structural change. It is the

Council’s position that structural change can support the transformational changes which we require to see in community justice, but crucially the key elements which will bring about change will continue to be: leadership; clear vision; common values; agreed priorities; transparent financial framework and effective ownership by all stakeholders, within accountable governance arrangements.

2. The consultation is limited to a mix of information about the strategic role of

the Community Justice Authority and the operational role of criminal justice social work services, with suggestions for change based on this. This does not reflect the complexity of the transformational change which is required across all agencies / services.

3. There is no clear linkage between this consultation and other key changes

occurring within the community justice system, for example the proposed changes to courts and the recent creation of a national police service.

4. Based on attendance at the Scottish Government Consultation event in

Fenwick on 17 April 2013 (where the majority of the audience were local authority employees), there is limited connection by the wider partnership to these proposals. This reflects the fact that the proposals have a narrow focus on criminal justice social work, as opposed to the wider community justice partnerships. There is therefore a risk that the proposals in the consultation do not achieve the transformational change which it sets out to achieve.

In responding to this response, East Ayrshire Council notes that there needs to be clarity about: -

• Strategic Partnerships

− At a strategic partnership level, there needs to be a clearly agreed approach to the planning, design, delivery and performance across community justice services. This includes joint and shared ownership by all stakeholders in the community justice system (recognising that Audit Scotland has already acknowledged that there is not one single system, 2012). The leadership of such a partnership remains a key priority in bringing about long lasting and effective changes.

• Local Service Delivery − The local delivery arrangements of all community justice

services need to be clearly specified within a local partnership arrangements (not solely criminal justice social work). This reflects the fact that one part of the system impacts on another part. This includes for example the interface between local policing policy; the operation of the Crown Office and Procurator Fiscal Service; the Scottish Court Service; the provision of local authority services (e.g. education, leisure, housing, employability); and the operations of the Scottish Prison Service; the Department of Works and Pensions; the NHS; employability services; specialist addiction / mental health services and voluntary sector agencies.

In formulating this response, East Ayrshire Council has reflected on the history of community justice reform; national & local outcomes which require to be achieved in respect of reducing reoffending, the key characteristics set out in this consultation paper and has also taken account of the findings of the two Audit Scotland reports (published in September 2011 and November 2012) and the Commission on Women Offenders (April 2012). On this basis, our response considers the following principles/core requirements to be central to the proposed changes:

• a shift to outcomes focussed approaches, which focus on developing people;

• a focus on early intervention and prevention;

• a commitment to creativity and innovation;

• a shared underpinning values / principles framework, which believes that

people can and do change; • a commitment to working in people centred, empowering ways, recognising

that people who have experience within the criminal justice system and who have changed their lives by desisting from offending, are best placed to design effective ways of working;

• a joint commitment to maximising resources;

• the need to build on the strengths which have already been achieved within

the existing CJA /partnership arrangements;

• the need to build on the effectiveness of existing partnership structures;

• a shared commitment to the effectiveness of community based sentencing (as

appropriate), with a consequent shift in resourcing; • a fundamental shift in the way community resources are funded, to support a

transition from process orientated support (serving and fulfilling orders) to people orientated support;

• the ability to be flexible and responsive;

• capacity to take account of the size and shape of different organisations in

partnership arrangements, and to take account of economies of scale and sustainability issues in respect of local delivery;

• services should have a focus on building relationships, meaning that staff

require to be visible in communities, and should be responsive to need / circumstances, meaning that decision making should be close to people using services.

In formulating this response, a range of stakeholders have been engaged in discussion, including elected members; community planning partners; senior staff across the local authority; and social work managers and practitioners.

EAST AYRSHIRE COUNCIL’S PREFERRED OPTION

East Ayrshire Council recognises the need to separate out the two different aspects of this consultation:

• delivery of criminal justice social work services; and • strategic partnerships.

Criminal Justice Social Work In respect of criminal justice social work services, there is a very clear set of arrangements in place within East Ayrshire, which maximises opportunities for partnership working and economies of scale across Ayrshire. Operational services are delivered within an Ayrshire Partnership between East Ayrshire Council, North Ayrshire Council and South Ayrshire Council. Staff are based in each local authority area, which enables close partnership working at local level with colleagues across children & family and community care social work, and with other local authority services, police, prison, health, further education, employability, welfare benefit and voluntary sector colleagues. The partnership arrangement ensures that developments are jointly planned and agreed and specialist resources are shared. A financial and performance framework enables reporting to a Joint Committee of elected members. The Ayrshire Partnership is an example of a shared service, and is considered to be effective. It is currently being reviewed with a view to further strengthening arrangements, and ensuring that resources are deployed on the basis of service demands and needs. The proposed shift to a national service would pose too many risks in respect of a loss of professional identity and loss of understanding

and connections with local people, communities, networks, services and opportunities.

Strategic Partnership East Ayrshire Council recognises the value of a local authority led model in respect of building on the strengths of community planning partnerships, however there is also a need to take account of the different stakeholders involved. Transforming the community justice system will mean a significant commitment from national and local organisations, all working together at local level, for example Police Scotland and the Scottish Prison Service. In addition, a number of other agencies operate across Ayrshire / South West Scotland, and therefore consideration requires to be given to the creation of a strategic partnership across geographical boundaries which maximises opportunities for joint working. From an East Ayrshire Council perspective, this could best be achieved on an Ayrshire wide basis, or on a South West Scotland basis.

A strategic partnership model would mean:

• the abolition of CJAs;

• the creation of a local strategic partnership across selected local authority

areas, which would involve all key statutory and voluntary sector agencies;

• introducing a statutory duty on all agencies (local authority; police; health; Scottish Prison Service; Crown Office and Procurator Fiscal Service; Scottish Court Service) to jointly produce and implement a local plan to reduce reoffending, with the involvement of the voluntary sector and led by the local authority (within the community planning framework) (possible inclusion of registered social landlords, SCRA, Victim Support Scotland and the voluntary sector – would require further discussion);

• this local plan will be based on local need and analysis of local data, and from

an Ayrshire perspective will build on the work undertaken by the South West Scotland CJA to date;

• that there will be clear connections between this strategic partnership

Reducing offending) and other partnerships operating within local authority boundaries e.g. Child Protection Committees, Adult Protection Committees, Violence Against Women Partnerships and the Alcohol and Drugs Partnerships.

• the local plan would require to be developed within an overarching national

strategic framework for Scotland, which would present a clear route map for change, involving all key stakeholders, including the legal sector;

• this overarching national strategic framework for Scotland would also require

civil servants in the Scottish Government to operate across functions ( recognising the cross cutting nature of the work which requires to take place (justice; community planning; GIRFEC; early years)

• the local plan and progress reports would require to submitted to a National Leadership Group (Ministerial / Cosla). This requires further consideration in respect of key membership to ensure ownership across community justice;

• a governance structure will be established which ensure accountability via

community planning boards, thus ensuring political accountability and senior officer involvement from key statutory agencies (should this model be supported, further consideration will be required in respect of the detail of the mechanisms for delivery, governance and accountability)

• the appointment of a chief officer (and support staff) to lead and resource the

work, requiring resource transfer from CJAs.

CONSULTATION QUESTIONS

The consultation questions are split into two parts, which are:

- applicable to all options; and - specific to either Option A, B or C.

Respondents can reply to all of the questions, or a selection, depending on where their interests lie. General views on the consultation paper are also welcomed.

All options

Which option(s) do you think is more likely to meet the key characteristics (set out on pages 15 and 16 of the Consultation) that, if integral to any new community justice system, are more likely to lead to better outcomes?

EAST AYRSHIRE COUNCIL’S VIEW

As outlined above, East Ayrshire Council has considered these key characteristics, but none of the proposed options meet all of the criteria. For this reason, a suggested alternative is offered (outlined above). In our view, this model best meets the list of key characteristics.

characteristic (pages 15 and 16 of the consultation) Option (please specify A, B or C or a mix of all three)

Strategic direction and leadership to drive forward performance improvements and deliver public services that protect victims and communities and meet the needs of people who offend

Please refer to East Ayrshire Council’s preferred model

A focus on prevention and early intervention As above

Better and more coherent person-centred opportunities for supporting desistance, which focus on developing the capacities and capabilities of offenders to enable them to make a positive contribution to their families and communities

As above

Clearer lines of political, strategic and operational accountability for performance and mechanisms to support continuous improvement

As above

Effective local partnership and collaboration that brings together public, third and private sector partners, including non-justice services, and local communities to deliver shared outcomes that really matter to people

As above

Strategic commissioning of services that are based on a robust analysis of needs, evidence of what supports desistance and best value for money

As above

A strong and united voice that represents community justice interests with the judiciary, public and media As above Better data management and evaluation to assess organisational and management performance, including the impact of services

As above

Involvement of service users, their families and the wider community in the planning, delivery and reviewing of services As above Provision of an overview of the system as a whole, including consistency and breadth of service provision As above Better integration between local partnership structures, services and organisations working with offenders and their families

As above

A more co-ordinated and strategic approach to working with the third sector As above A strategic approach to workforce development and leadership for criminal justice social work staff that is based on evidence of what supports desistance and builds expertise, capacity and resilience and encourages collaborative working with other professionals towards shared outcomes

As above

Greater professional identity for community justice staff which builds on their existing values and provides well defined opportunities for career progression

As above

Ability to follow innovation nationally and internationally, as well as develop and share evidence based good practice As above

Which option(s) will result in the significant cultural change required to redesign services so that they are based on offender needs, evidence of what works and best value for money?

East Ayrshire Council has set out an option for change based on a strategic partnership (reducing reoffending) operating across local authority boundaries. This would involve all key stakeholders, and would be most effective via the appointment of a chief officer with strong leadership qualities, and within a governance framework which reports through the relevant community planning partnership arrangements. This would also ensure political leadership and the involvement of chief officers across agencies.

Which option(s) will result in improvements in engagement with, and quicker access to, non-justice services such as health, housing and education?

The model proposed ensures that the delivery of operational services is connected via a strategic partnership. This reflects the fact that people need to access a range of services, irrespective of whether they are focused on justice or otherwise. This approach would enable a joint analysis of local need, resources, risks and capacities, which in turn would inform the development of an outcome focused local plan.

Do you think a statutory duty on local partners will help promote collective responsibility for reducing reoffending among all the bodies who work with offenders? If not, what would?

There is not perceived to be a lack of commitment to reducing reoffending across partner agencies, however the complexities involved mean that legislation will be required to ensure that all statutory agencies jointly develop and implement a local plan which focuses on reducing reoffending.

Under options A and B should funding for criminal justice social work services remain ring-fenced?

When considered alongside other social work services, there is no clear rationale for criminal justice services being funded in a different way, as all are equally responsible for public protection and the delivery for support services to vulnerable people. There is also concern that this has already had the effect of separating criminal justice social work from other services, which is not helpful. However in light of the financial constraints within local authorities, criminal justice social work services are unlikely to receive sympathetic consideration from communities due to the nature of the work, and this would have implications for the delivery of services to the courts as well as to people. Given the complexity of reducing reoffending arrangements; the need to track spending within a proposed strategic partnership and due to the work taking place to redesign the future funding formula (to move towards outcome focused funding arrangements), there would be merit at this stage in maintaining current ring-fenced arrangements for criminal justice social work funding. This should be reviewed at a later date, following the implementation of the structural changes.

Are there specific types of training and development that would be beneficial for practitioners, managers and leaders working in community justice? Who is best placed to provide them?

Over the last few decades, there has been a range of changes in social policy relating to offending, with implications for professional practice. Consequently, there has been a concentration on improving processes, systems, and interventions/programmes. This has resulted in social care/social work professionals being concerned about a lack of focus on people, particularly in respect of support which is based on research about developing people / changing

lives (e.g. happiness, wellbeing and resilience). This requires a shift from knowledge based training, to learning and development which encourages a focus on change though relationship based work and the use of self in practice (the roots of social work practice). Essential to such approaches will be opportunities which involve mentoring, coaching and other cross sector learning (e.g. action learning sets). Such cross sector learning should crucially involve people with personal experience of the community justice system.

Is there potential for existing organisations such as Scottish Social Services Council, Institute for Research and Innovation in Social Services and knowledge portal Social Services Knowledge in Scotland to take on a greater role in supporting and developing the skills and expertise of professionals working with offenders?

Yes – there is scope for these organisations supporting the changes. There has been concern that research/learning in respect of justice has been separated from other learning/development/research opportunities relating to people who are vulnerable. There is a need to reflect on the role of the Scottish Government and the RMA alongside these organisations in respect of workforce development, to ensure clarity of role/function; knowledge / learning connection with other areas of social care/social policy and to avoid duplication of effort.

What do you think are the equalities impact of the proposals presented in this paper, and the effect they may have on different sectors of the population?

The preferred proposal should be the subject of an equalities impact assessment which should inform future decision making. It should be noted that the changes to the community justice system could impact on a range of people who may be vulnerable or require specific consideration e.g. women in vulnerable circumstances, young people who were previously looked after, people with mental health difficulties, people with addiction difficulties.

What are your views regarding the impact that the proposals presented in this paper may have on the important contribution to be made by businesses and the third sector?

The proposal made by East Ayrshire Council could strengthen the contribution of the third sector, recognising that the South West Scotland Community Justice Authority (SWSCJA) has built effective connections across a range of organisations which can be further developed. Locally, East Ayrshire Council has a range of partnerships with local businesses, particularly through our employability / economic development work. It should also be noted that Kilmarnock Prison is operated by a private sector organisation (Serco) which has been proactively involved in working in partnership locally with community based services, particularly in respect of tailoring approaches to local need and implementation of family based work.

Are there other options, or permutations of the options presented in this paper, which should be considered? Please provide details.

Please see earlier section in respect of the East Ayrshire Council preferred option.

Option A: Enhanced Community Justice Authority (CJA) model

What are your overall views on retaining CJAs but changing their membership and functions?

As highlighted by Audit Scotland, CJAs were established with limited powers and this has impacted on their ability to deliver on national and local outcomes relating to reducing reoffending. Despite this, locally the SWSCJA has been effective in building partnerships between the statutory and voluntary sectors with a clear focus on reducing reoffending. The target for reducing reoffending was exceeded within the SWSCJA area (national target for the reduction of reconviction rates was 2% and the SWSCJA area achieved 2.6% over 2008/09 to 2010/11). This reflects the strengths of the CJA chief officer /staff team, the ownership and support by elected members and the extent of partnership working, as opposed to the structural arrangements of the CJA. In essence, the SWSCJA has adopted a community planning approach, and this does not require a separate, independent organisation. On this basis there is no merit in enhancing the model.

Will appointing a chair and expanding the membership of the CJA Board to include the Health Board help remove any potential conflict of interest and promote collective responsibility for reducing reoffending?

This option is not supported by East Ayrshire Council and therefore there is no further comment to make.

What do you think of the alternative proposal for all Board members to be recruited through the public appointments system based on skills, knowledge and experience?

This option is not supported by East Ayrshire Council and therefore there is no further comment to make.

Do the proposals under Option A give CJAs sufficient levers and powers to reduce reoffending efficiently and effectively?

As outlined, East Ayrshire Council does not consider there to be value in operating a separate independent organisation for this purpose, and therefore has no further comment to make.

Do you think CJA’s should be given operational responsibility for the delivery of criminal justice social work services? Do CJAs currently have the skills, expertise and knowledge to take on these functions?

CJAs were established as independent bodies which would have a strategic planning, performance and resource allocation functions, with no professional role or function in respect of the delivery of services. Given the range of community based services, it is not clear why only criminal justice social work services have been identified as a service which could potentially rest within the operational responsibility of the CJA. The existing CJA arrangements would not have the necessary experience, expertise or knowledge to assume operational responsibility for the delivery of criminal justice social work services. In particular, there would be concerns about the professional leadership of qualified social workers (registered posts with the SSSC) and the management of high risk/complex public protection matters. Finally, there would be particular concern in separating criminal justice social work from other aspects of the social work service, particularly children and families, addiction and mental health support services.

Should CJAs geographical boundaries remain the same? If not how should they be redrawn?

Please refer to earlier section on East Ayrshire Council’s Preferred model

Do you agree that the Scottish Government should retain the current arrangements for training and development? Should they be reviewed for effectiveness?

As outlined earlier, there has been concern that research/learning in respect of justice has been separated from other learning/development/research opportunities relating to people who are vulnerable. There is a need to reflect on the role of the Scottish Government and the RMA alongside these organisations in respect of workforce development, to ensure clarity of role/function; knowledge / learning connection with other areas of social care/social policy and to avoid duplication of effort. It will, however, be important to ensure capacity at a national level for research/evidence informed practice to support local partnerships across sectors.

What could be done differently to build expertise, capacity and resilience in the community justice sector and ensure evidence based good practice is shared widely?

Please refer to earlier section on East Ayrshire Council’s Preferred model.

Option B: Local authority model

What do you think of the proposal to abolish CJAs and give the strategic and operational duties for reducing reoffending to local authorities?

As outlined earlier, the East Ayrshire Council preferred model is based on a local authority led model and proposes to maximise the benefits of the community planning approach, while working across geographical boundaries to ensure engagement of all key stakeholders and taking account of national and local organisational structures. On this basis, East Ayrshire supports the proposal to abolish CJAs and agrees that local authorities should continue to have operational responsibilities for the delivery of criminal justice social work services. While the local authority would be well placed to assume a lead strategic role in respect of reducing reoffending (within the framework of community planning) it is proposed that a more effective model would be to work across the geographical boundaries of Ayrshire or South West Scotland (as outlined earlier). This would also enable alignment with strategic arrangements for MAPPA.

What do you think will be the impact on consistency of service provision, good practice and the potential to plan and commission services across boundaries (and hence value for money) of moving from eight CJAs to 32 local authorities?

Given the importance of all agencies making a strong contribution to the strategic partnership in reducing reoffending, a single local authority model could lead, however care needs to be taken to prevent the creation of further barriers e.g. by trying to engage national organisations such as the Scottish Prison Service in 32 groupings. It is appreciated that geographical groupings would require to be considered as appropriate to different local authority areas across Scotland and this would require further consideration.

Do you think there is still a requirement for a regional partnership, provision or co-ordination role (formally or informally) in this model? If so, how would it work?

East Ayrshire Council considers that a strategic partnership model would offer the most effective way of working on a partnership basis at local level to reduce reoffending. This will require all agencies to contribute equally to the creation and implementation of a local plan.

What do you think would be the impact of reducing reoffending being subsumed within community planning, or other local authority planning structures?

East Ayrshire Council does not consider the approach to be about ‘subsuming’ the

reducing reoffending agenda into community planning. The strategic partnership model proposed by East Ayrshire Council suggests that the strengths of our community planning approach are maximised. This would mean that a strategic partnership would be accountable via local community planning partnership arrangements (CPP Board). It should be noted that this proposal recognises the value of the model, however does not assume that there is capacity within existing community planning teams to ‘subsume’ the work undertaken to date by CJAs. This will require consideration being given to resource transfer arrangements from CJAs to local authorities.

Do you agree that functions such as programme accreditation, development of good practice, performance management and workforce development should be devolved from the Government to an organisation with the appropriate skills and experience?

It is not appropriate for the Scottish Government to carry out these functions directly, as increasingly this has led to the government having a direct role in the local delivery of social work services, at times without consultation or engagement with chief officers. On this basis, it would be appropriate to consider these functions resting with another organisation. This matter will require further consideration following the selection of a preferred structural option, however irrespective of the option chosen the RMA should have a cross sector role. It would also be helpful to clarify the role of the RMA vis-a-vis other organisations with a role in workforce development and the promotion of effective practice arrangements e.g. SSSC, Care Inspectorate, IRISS, Improvement Service.

What are your views on the proposal to expand the functions of the Risk Management Authority to take responsibility for improving performance?

The RMA could perform a support function to the national leadership group in respect of data analysis and performance overview. However there would be concern about local authorities (and other public organisations) being required to be accountable for their performance to the RMA. This should remain the responsibility of the key agencies involved and our preferred model of a strategic partnership would be best placed to do this.

What are your views on the proposal to set up a national Scottish Government/ Convention of Scottish Local Authorities Leadership Group to provide national leadership and direction?

East Ayrshire Council supports the proposal to establish a national leadership group. Political leadership at national level will be a key component in ensuring that transformational changes are progressed on a Scotland wide basis.

Option C: Single service model

What are your views on the proposal to abolish the eight CJAs and establish a new single social work led service for community justice?

It is difficult to understand the rationale for this proposal in respect of how a narrow focus on creating structural change for social work would result in transformational change across community justice. This proposal reflects a bureaucratic response to structural change, which is based on the perspectives of certain stakeholders / agencies, as opposed to the needs of people it seeks to support, nor the personal change outcomes which we seek to achieve. Such a model would succeed in further stigmatising and labelling people involved in offending, which research and experience confirm exacerbates people’s entrenchment in offending behaviour. To create a national service will fundamentally change the delivery current model, with consequent cultural and practice change. This will mean that social work staff working with people in the community justice system will become disconnected from:

• their colleagues in children and families social work / community care social work (all of whom can be involved in supporting the same families e.g. due to mental health difficulties, child protection etc);

• local communities; • local services which are provided by the Council, and which are central to

the changing lives work undertaken with people involved in offending (e.g. leisure, adult learning, employability, housing); and

• local community based /voluntary sector services.

There is no clear rationale for social work services being singled out from the broad range of services which together support and resource people within the community justice system. It also appears to be at odds with the other changes taking place in respect of health and social care, where local service delivery is clearly recognised.

Social work is a values based profession, with risk assessment, risk management and decision making based on factors which are underpinned by a framework of principles and values. Social work services require to be locally based and managed, with clear management accountability and professional leadership. Their effectiveness is based on the way in which they galvanise the strengths of other agencies in resourcing plans with and for people.

The critical role which criminal justice social work services have in the operation of the multi-agency public protection arrangements (MAPPA) also requires them to be rooted within communities, with the knowledge and understanding which this brings. This cannot be achieved through a national agency basing staff in local areas. It requires a whole organisation to fully appreciate the risks, needs, strengths and issues within different communities and neighbourhoods. This is the strength of local authorities, with elected member being key connectors to the issues of concern to local people.

Given that the focus of this consultation is transformational change, it is disappointing to note that this option solely focuses on service delivery arrangements, with little regard to what this will mean for transformational change through local strategic partnerships.

East Ayrshire Council does not support the proposal for a single service model and

strongly disagrees with the idea that such a single/national/separate criminal justice social work led service can achieve the changes required.

What do you think of the proposal to incorporate the functions of the Risk Management Authority into a new single service?

As outlined, East Ayrshire Council does not support this option. The proposal is to develop a social work led national organisation, sitting alongside the Scottish Prison Service. The RMA should have an overarching role in respect of risk assessment and management with all agencies involved in community justice, so it is not clear how this would be achieved. In addition, it is suggested that the role of the RMA needs to be more clearly defined in respect of its relationship with service delivery agencies and its role connections with other improvement / workforce development agencies e.g. SSC, IRISS.

What do you think about grouping local delivery around the three Federation model currently employed by the Crown Office and Procurator Fiscal Service and police?

As outlined, East Ayrshire Council does not support this option and as outlined proposes that social work services require to be connected at strategic, managerial and practice levels within the local communities they service and the local partnerships which are essential to the effective delivery of their work.

While the role of the Chief Social Work Officer is recognised in respect of the importance of professional leadership, this proposal seeks to further fragment the delivery of social work services to individuals, families and communities. Ironically the Social Work Scotland Act 1968 came about due to the need for holistic responses, as services had been operating in isolation from each other. In splitting the delivery of social work services across so many different structural arrangements, the role of the CSWO will be more challenging, with consequent implications for professional practice and standards.

This is evident in the England, where a gradual shift away from professionally qualified social workers leading on the management of high risk work within MAPPA, has led to serious problems with professional accountability and decision making. In essence, the service is lacking an underpinning value base on which to base decision making and a professional knowledge /understanding about managing uncertainty, resulting in a lack of professional confidence and competence, with frontline staff refusing to make decisions about risk.

Does the approach to strategic commissioning and procurement provide a good balance between local and national service priorities and needs?

As outlined, the effective delivery of services requires local knowledge and understanding. This would be essential to strategic commissioning, and there is concern that this model would not be best placed to achieve this as detailed above.

Do you think that placing a statutory duty on local partners and a strong Chief Executive negotiating on behalf of the new single service will help facilitate access to mainstream non-justice services?

As outlined, East Ayrshire Council does not support this option. This question highlights the concerns that will emerge with further organisational structures, within an already cluttered landscape, adding to barriers in people accessing services. At present, many of the key services which impact on people are employability, housing, adult learning, welfare benefits and leisure (diversions). These services are all located in the local authority, managed by one Chief Executive. Criminal justice social work staff can access these services through colleagues within the same organisational structure, and can influence their delivery. At local level, staff already require to work in partnership with other organisations e.g. health, DWP. This relies on the development of effective partnership arrangements and the building of positive relationship. This is time intensive, and all efforts should be made to prevent the creation of further barriers for people (including staff) in accessing services.

What do you think of the proposal to establish a dedicated community justice unit as part of the new service?

As outlined earlier, there needs to be clarity about the role of the RMA. This is required prior to considering the role of an additional unit with a focus on workforce development.

Any additional comments

As stated earlier, East Ayrshire Council does believe that change is possible, but not believe that structural change alone can bring about the extent of the transformational change required within community justice services, and would ask that the Scottish Government to base the preferred option on what will work best for people. In this regard, we need to consider the personal learning of people who have experience of the community justice system and who have brought about positive change their lives. This is suggested in recognition that many people involved in the community justice system have experienced poverty and disadvantage, and therefore we need to listen harder to how we should be designing our approach if we are truly to tackle the historic and continuing challenges associated with reducing reoffending.

An electronic copy of this document is also available on request to Consultation.RedesignCommunityJustice@scotland.gsi.gov.uk