Multi Agency Public Protection (MAPPA) National Guidance 2014

MAPPA Guidance issued by Scottish Ministers under section 10(6) of the Management of Offenders etc (Scotland) Act 2005. This guidance has been developed by the Scottish Government in conjunction with the responsible authorities.


Covering Letter MAPPA National Guidance 2014

20 June 2014

Scottish Government
Public Protection Unit
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

To all copyees as per Annex 1

SECTIONS 10 AND 11 OF THE MANAGEMENT OF OFFENDERS ETC. (SCOTLAND) ACT 2005. Multi Agency Public Protection Arrangements (MAPPA) National Guidance 2014

1. This letter accompanies the 2014 version of the MAPPA Guidance issued by Scottish Ministers under section 10(6) of the Management of Offenders etc. (Scotland) Act 2005. This Guidance has been developed by the Scottish Government in conjunction with the responsible authorities.

Responsibilities within the Scottish Government:

2. Lead responsibility within the Scottish Government for policy and guidance in relation to MAPPA and sex offenders lies with the Public Protection Unit (PPU) within the Safer Communities Directorate. The PPU works to ensure the delivery of public protection arrangements to protect communities from the risks posed by this category of offender. The PPU is responsible for maintaining the MAPPA guidance and for bringing forward proposals that would enhance the current arrangements.

3. Scottish Ministers have certain responsibilities under the Mental Health (Care and Treatment) (Scotland) Act 2003 in respect of the scrutiny and oversight of the management of restricted patients in relation to the risk to the public. Officials in the Mental Health and Protection of Rights Division in the Scottish Government Directorate for Health and Social Care Integration will continue to exercise their responsibilities in support of Scottish Ministers and in addition will be responsible for maintaining information on the ViSOR system in respect of these patients.

Updates to the Guidance:

4. The structure and order of certain chapters has been amended from that in the 2012 version, but importantly, the context and meaning of the guidance remains unchanged.

5 The main development in the 2014 version is in the Document Set. The 'Basic Minute Template' from 2012 has been replaced with 3 new documents; a Minute template; Risk Assessment template; and a Risk Management and Contingency template. The 3 documents are supported by instruction notes on their completion.

6 The documents and supporting guidance have been developed in conjunction with a multi-agency sub-group of the FRAME Standards and Guidelines Group. This work was undertaken as part of a wider agreement with stakeholders to ensure consistency in risk assessment and management, and to address specific findings and recommendations from a number of significant case reviews.

7 It is recognised that in some areas the inclusion of the new documentation will require a change in how MAPPA is administered and as such will require a period of time to implement effectively. Therefore while these templates are being published now, the requirement to use them will not apply until December 2014. Work continues to develop training material for local delivery to ensure that all those involved in using the revised documentation receive the necessary training prior to use.

8 The local Strategic Oversight Groups are invited to encourage phased introduction of the documents in line with the timeframe agreed nationally. During this lead-in period, the PPU will request feedback on the documents and supporting guidance, to allow for any necessary revisions before they are fully implemented.

9 A full list of updates for this version is included in Annex 2.

Publication:

10 The MAPPA National Guidance 2014 will be published on the Scottish Government website at 14:00 hours on Friday 20th June 2014. This replaces all other versions of the Guidance.

Contacts:

11 If you have any queries regarding the MAPPA Guidance, please contact Gus Macdonald at:

Elisabeth Campbell

Head of Community Safety
Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

ANNEX 1

Chief Constable
Directors of Social Work
Chief Executive, Scottish Prison Service, for Prison Governors
Chief Executives, Local Authorities
Directors of Housing/Community Services
Chief Social Work Officers
MAPPA Coordinators
Chairs of MAPPA Strategic Oversight Groups
Lead Officers for Throughcare
Chief Officers CJAs
Risk Management Authority
Parole Board, Executive
Parole & Life Sentence Division
Chief Executives, NHS Boards
Chief Executive, The State Hospitals Board for Scotland
Medical Directors [to cascade to Senior Health Records Managers, Caldicott Guardians and Data Protection Officers]
British Psychological Society, Scottish Division
Chief Executive, Mental Health Tribunal for Scotland
Chief Executive, NHS Education for Scotland
Chief Executive, NHS National Services Scotland
Chief Executive, NHS Quality Improvement Scotland
Crown Office
Director, Mental Welfare Commission for Scotland
Medical Director, Forensic Network
Responsible Medical Officers for restricted patients
Royal College of Nursing, Scottish Division
Royal College of Psychiatrists, Scottish Division
Scottish Commission for the Regulation of Care

ANNEX 2

Summary of amendments from 2012 version

The first 7 chapters have been re-ordered and refreshed to better reflect the MAPPA process. Related information which was previously contained across several chapters has been brought together for ease of reference and to reduce duplication.

Chapter:

Key amendments:

1. Introduction

Outlines the legislative basis and structure of MAPPA

2. Responsible Authorities

New section. Information on the responsible authorities has been separated into a standalone section. The detail remains unchanged.

3. The Duty to Cooperate

No substantive amendments

4. Identification and Notification of Offenders

New chapter, (formerly contained within chapter 2, paragraphs 1 to 12, and chapter 4, paragraphs 4 to 13).

Additionally paragraph 10 - bullet point 2, provides update to definition of a restricted patient.

Paragraph 19 - SPS notification to the coordinator of prisoners subject to supervision upon release - inclusion of set timescale of 10 days for notification and for referral.

Process map refreshed.

5. The Assessment and Management of Risk

An amalgamation and update of information contained in chapters 6 and 7 of the 2012 version, and with greater use of hyperlinks to relevant information.

6. The MAPPA in Operation

Formerly Chapter 4 in 2012 version. Paragraph 18, pre-meeting information sharing has been updated.

Paragraph 25 (para 32 in 2012 version), amended to reflect the analysis of risk and the development of risk management strategies. Paragraphs 33 to 36 (exit from MAPPA) updates from 2012 version and includes guidance on consideration of a review prior to exit.

7. MAPPA Coordination

Originally chapter 5 in 2012 version. The new chapter contains updated information on the purpose of a meeting, Minute recording, and links to the new Minute and risk assessment/management, templates as well as completion notes, which are to be read in conjunction with this chapter.

8. Information sharing

Now includes updated Government Security Classifications

9. Disclosure

Update to paragraph 2 and 9 relative to Chief Constable disclosure

10. Impact on Victims

No substantive amendments

11. NASSO

Update on liaison with the SOLO which better reflects the guidance within the NASSO.

12. Offenders within the Prison System

No substantive amendments

13. The Parole Board

No substantive amendments

14. Restricted Patients

Updated definition of a restricted patient

15. ViSOR

No substantive amendments

16. The Sexual Offences Act 2003 (Remedial) (Scotland) Order 2011

No substantive amendments

17. Missing and Wanted Offenders

No substantive amendments

18. Strategic Management

No substantive amendments

19. Performance Management and Quality Assurance

No substantive amendments

20. Significant Case Review

a. In 2012 guidance both chapter 20 and annex 9 related to SCR. These have been merged and re-ordered for ease of reference.

b. Paragraph 4 and 18 clarifies the role of the Chair and places the SOG as decision making body in all SCR cases.

c. Change to timescales for each stage of the process.

d. The supporting forms relating to initial notification, review of initial notification by SOG Chair, and the decision by the SOG, have been amended to reflect the revised decision making process.

e. Process map updated

Annex 1

No substantive amendments

Annex 2

Reflects the revised Government Security Classifications

Annex 3

No substantive amendments

Annex 4

No substantive amendments

Annex 5

No substantive amendments

Annex 6

Updates: Paragraphs related to children and young people who offend, Child protection and SCRA updated to reflect current legislation and policy. Updated reference to third sector.

Annex 7

No substantive amendments

Annex 8

No substantive amendments

Annex 9

The Glossary - which has additional terms.

Document set

Includes 3 new templates to replace the Basic Minute template from 2012: a MAPPA Minute template, Risk assessment template, and a Risk Management and contingency template. Each of which has a set of completion notes

Contact

Email: Gus MacDonald

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