National Accommodation Strategy for Sex Offenders in Scotland

6. THE ROLES AND RESPONSIBILITIES OF THE RESPONSIBLE AUTHORITIES UNDER NASSO

92. The MAPPA guidance sets out the roles and responsibilities of the Responsible Authorities under MAPPA. This section focuses on their roles and responsibilities in assessing and managing housing-related risk under this strategy.

93. Responsible Authorities and RSLs must have a clear understanding of their respective roles and responsibilities in the housing of sex offenders under MAPPA. They must also appreciate the interdependence of their respective roles. Social housing providers depend on an agreed Memorandum of Understanding, effective information protocols and a co-ordinated approach by the Responsible Authorities. 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) enough information to manage tenancies that sex offenders under MAPPA occupy;
• they consider the size and stock profile of landlords when making decisions about housing; and
• they respond effectively to ongoing issues of community safety that housing providers identify.

What is the role of local authorities?

94. 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:

• work with the Scottish Prison Service in arranging housing for the prisoner on temporary home leave;
• 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 the police and housing providers over whether to act on information, for example by talking to the offender about moving housing;
• share information with the SOLO and social housing providers;
• consider whether to instruct an offender to reside somewhere as part of a licence condition 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.

What is the role of the police?

95. 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, for example by talking to the offender about moving housing;
• liaise with partners on supervision orders and licensing conditions (see MAPPA guidance);
• work with housing providers 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.

What is the role of the Scottish Prison Service?

96. 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.

97. 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;
• 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. 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
• fund temporary home leave accommodation under the above practice guidance on home leave.

What is the role of the NHS?

98. In relation to housing, health boards (and Special Health Boards) work in partnership with housing providers and other agencies in providing services for sex offenders and restricted patients under MAPPA. The MAPPA guidance sets out their role in more detail.

What is the role of Strategic Oversight Groups?

99. 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 Authority who will present it to Scottish Ministers.

100. The role of the Strategic Oversight Group in each MAPPA area is set out in the MAPPA guidance. In relation to housing the role of the Strategic Oversight Group 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.

101. 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.