National Accommodation Strategy for Sex Offenders in Scotland

7. The roles and responsibilities of the responsible authorities under NASSO

7.1 Responsible Authorities 

Responsible Authorities and RSLs must have a clear understanding of their respective roles and responsibilities in the housing of sex offenders under MAPPA.

Responsible Authorities must therefore make sure that:

• they have effective liaison arrangements in place with the SOLO;
• housing providers receive (through the protocols for information sharing) the information they need to manage tenancies that sex offenders under MAPPA occupy;
• the size and profile of landlord stock is considered when making decisions about housing; and
• they respond effectively to ongoing issues of community safety that housing providers identify.

7.2 Strategic Oversight Groups 

Strategic Oversight Groups oversee planning, policy and operational delivery of MAPPA. Section 11 of the 2005 Act requires the Responsible Authorities to monitor the operation of MAPPA, making changes to improve effectiveness where required. The Responsible Authorities in each MAPPA area also have to jointly publish an annual report on the discharge of their MAPPA functions, and submit the report to the Community Justice Partnerships who will present it to Scottish Ministers. The role of the Strategic Oversight Group in each MAPPA area is set out in the MAPPA guidance. Their role in relation to housing is to:

• provide a forum where issues between and among Responsible Authorities and duty to co-operate agencies can be discussed and resolved; and
• address any issues around the concentration in particular locations of sex offenders under MAPPA.

Under MAPPA, Strategic Oversight Groups are also responsible for liaison and communication, both within MAPPA and with other local multi-agency structures designed to protect the public and raising public awareness of the management of offenders subject to MAPPA processes.

7.3 MAPPA National Strategic Group 

The National Strategic Group comprising the Scottish Government, Strategic Oversight Groups chairs, Police Scotland and the Scottish Prison Service, has responsibility for strategic oversight and development of MAPPA. It is supported by the MAPPA Development Group which provides a platform for partners to progress operational matters.

7.4 Local authorities 

The MAPPA guidance sets out the role of local authorities. In relation to housing, the primary role of the Criminal Justice Social Work supervising officer is to (for cases where there is an allocated Mental Health Officer there is an expectation that they will undertake some of the following):

• work with the Scottish Prison Service in arranging housing for prisoners on temporary home leave;
• work with Health Boards in arranging housing as part of the rehabilitation of patients from hospital;
• work with the Scottish Prison service and Health Boards in arranging housing for the individual on release from prison or hospital taking into consideration the SHORE standards; 
• contribute to environmental risk assessments;
• contribute to discussions and decisions on the manageability of housing options;
• keep housing providers informed, through the SOLO, of changes to the risk assessment and management arrangements for the offender;
• collaborate with the police and housing providers over whether to act on information provided, for example by talking to the offender about moving house;
• share information with the SOLO and RSLs as appropriate;
• consider whether to instruct an offender to reside somewhere as part of a licence condition, conditional discharge from hospital detention, as part of the variation of a compulsion order where a restriction order is revoked, or as part of a Community Payback Order which can have a residence requirement;
• give the offender advice and help with issues raised during the tenancy; and
• play a leading role alongside other Responsible Authorities in the media handling strategy as set out in the MAPPA guidance, by dealing with routine and emergency enquiries or concerns that are referred by housing providers.

7.5 Police Scotland 

The primary role of the police under the NASSO is to:

• agree protocols for sharing information with housing providers;
• contribute to environmental risk assessments;
• take part in discussions and decisions on the manageability of housing options;
• keep housing providers informed, through the SOLO, of changes to the risk assessment and management arrangements for the offender;
• collaborate with Criminal Justice Social Work and housing providers over whether to act on information provided, for example by talking to the offender about moving housing;
• liaise with partners on supervision orders, licensing conditions and the discharge of sex offenders from hospital (see MAPPA guidance);
• work with housing providers and Health Boards on any moves in and out of housing by the offender;
• play a leading role alongside other Responsible Authorities in the media handling strategy set out in the MAPPA guidance, by dealing with routine and emergency enquiries or concerns that are referred by housing providers; and
• enforce offenders’ obligations under the Sexual Offences Act 2003.

7.6 The Scottish Prison Service 

For all prisoners, the Scottish Prison Service is responsible for carrying out risk and needs assessments to manage the prisoner during sentence and in preparation for pre-release planning and release. Their role is set out in full in the MAPPA guidance. Under the NASSO the primary role of the Scottish Prison Service is to:

• have responsible person(s) within the Scottish Prison Service, either nationally or at the local prison level;
  • make sure that the housing needs of individuals are identified and resolved in line with the SHORE Standards by working with the Responsible Authorities;
  • ensure individuals take part in purposeful activity which will help them to sustain a tenancy on release (including education and employability);
  • ensure that Parole Qualifying Dates and the Earliest Dates of Liberation are passed to the relevant responsible authorities as soon as they are known to allow sufficient planning time for the identification of appropriate housing. This should be done, even if the SPS consider that there is little chance of being liberated early;
• work with the Responsible Authorities and SOLOs to make arrangements for the housing needs of the offender to be addressed at the earliest stage of the custodial sentence, where there is any indication that housing is a potential issue. This is likely to be needed, for example, in the cases of offenders:
  • who cannot return to their home address or home area (in some cases this will be because the Prison Governor will not allow it or because the police, social work and/or housing provider advise against it);
  • who are disowned by their family;
  • who are returning to an area near to their victims (especially serious cases);
  • whose offence has acquired public notoriety/media attention;
  • who are homeless or have no approved address for temporary home leave or whose home leave address may be outwith Scotland;
  • where there are concerns about child protection, domestic abuse or vulnerable adults; and
  • who need housing with support, which is not yet available;
• identify, in partnership with the Responsible Authorities and social housing providers, housing for the prisoner on temporary home leave from custody; and
• fund temporary home leave accommodation under the above practice guidance on home leave.

The Scottish Government has published guidance on home leave for prisoners, “Integrated Practice Guidance For Staff Involved In The Home Leave Process”: http://www.scotland.gov.uk/Publications/2010/07/09112100/0

7.7 Health Boards (and Special Health Boards) 

Health boards (and Special Health Boards) work in partnership with housing providers and other agencies in providing services for sex offenders managed under MAPPA, such offenders are likely to be restricted patients. While the NASSO does not cover those restricted patients who are not sex offenders, in practice the Responsible Authorities are using the same principles and arrangements for the housing of these offenders. The MAPPA guidance sets out the management of restricted patients in more detail.

Under the NASSO the primary role of Health Boards is to:

• make sure that the housing needs of restricted patients are identified at the earliest opportunity and resolved by working with the Responsible Authorities;
• consider whether to instruct an offender to reside somewhere as part of conditional discharge from hospital detention or as part of the variation of a compulsion order where a restriction order is revoked;
• work with the Responsible Authorities and SOLOs to make arrangements for the housing needs of the offender to be addressed at the earliest point at which discharge from hospital is being considered, where there is any indication that housing is a potential issue. This is likely to be needed, for example, in the cases of offenders:
  • who cannot return to their home address or home area (because the police, social work and/or housing provider advise against it);
  • who are disowned by their family;
  • who are returning to an area near to their victims (especially serious cases);
  • whose offence has acquired public notoriety/media attention;
  • where there are concerns about child protection, domestic abuse or vulnerable adults; and
  • who need housing with support, which is not yet available.