Multi-Agency Public Protection Arrangements (MAPPA): national guidance

18. Strategic Management

Introduction

18.1 For the purposes of MAPPA, Scotland's 32 local authorities are divided up into 10 MAPPA regions. Further detail on the breakdown of the 10 MAPPA regions can be found at Annex 1 of this guidance. A key function within each of these regions is to provide a co-ordinated approach to planning, monitoring and overseeing the delivery of services to individuals subject to MAPPA. This includes reporting on the performance by Responsible Authorities. Further detail on the Responsible Authorities and their roles can be found in Chapter 2. A key aim is to target services to reduce reoffending and to ensure close co-operation between community and prison services to aid the rehabilitation of individuals who have committed offences.

MAPPA National Strategic Group (NSG)

18.2 Established in 2011, the MAPPA National Strategic Group (NSG) chaired by Scottish Government (SG) brings together the Chairs of the 10 Strategic Oversight Groups (SOGs), senior representatives from the Responsible Authorities, the Risk Management Authority and key SG policy areas.

18.3 The NSG remit includes:

• providing effective national oversight of MAPPA;
• identifying strategic priorities for MAPPA, ensuring clarity of purpose and vision;
• improving quality, consistency and effectiveness;
• supporting innovation, sharing good practice, improving communication and co-ordination across MAPPA;
• ensuring the development and strengthening of links between MAPPA and public protection related policies and processes,
• ensuring the development and strengthening of policies and procedures in relation to the wider management of individuals who have committed offences and MAPPA;
• supporting effective communication with the public on the management of individuals subject to MAPPA;
• considering and supporting the development of proposals for legislation, research and other measures to reduce reoffending; and
• supporting the development of a coherent Scottish response on reserved, cross-border and other issues relating to the management of individuals subject to MAPPA.

18.4 Scottish Ministers have overall responsibility for policy to reduce reoffending and will make final decisions on issues of national policy.

18.5 The NSG is responsible for the following in relation to MAPPA:

• Supporting the development of strategy (including horizon scanning) and planning, including the publication of an annual plan and report;
• Governance and accountability;
• Review and development of MAPPA procedures;
• Quality and performance: statistics, research, standards, quality assurance processes, workforce development and training;
• Effective and efficient use of resources;
• Identifying and disseminating effective practice across MAPPA areas;
• Making national changes to practice as a result of lessons learned from Significant Case Reviews and innovative practice;
• Oversight of MAPPA documentation; and
• Communications strategy – internal and external.

Strategic Oversight Group (SOG)

18.6 Each of the 10 regions has a MAPPA Strategic Oversight Group (SOG) whose membership includes senior representatives from the local Responsible Authorities.

18.7 Section 11 of the 2005 Act requires the Responsible Authorities to monitor the operation of MAPPA, making changes to improve effectiveness where required. As well as providing local leadership, the SOG is responsible for performance monitoring and quality assurance of MAPPA, and for the co-ordination and submission of the annual report for their respective area.

18.8 In terms of local leadership, the SOG is responsible for shaping MAPPA activity in its area. This involves agreeing the role and representation of the different agencies within the SOG and putting in place the necessary protocols and memorandum of understanding which formalise these in accordance with section 10 (5) of the 2005 Act.

18.9 It is for the Responsible Authorities to determine between them how the strategic management arrangements for MAPPA will operate and the SOG provides the forum for these discussions.

18.10 The strategic management arrangements should reflect a strong understanding of the mechanisms for effective and efficient public services. This should include:

• Focusing on the SOGs/Responsible Authorities' purpose and outcomes for the public and service users;
• Performing effectively in clearly defined functions and roles;
• Promoting values for the SOGs/Responsible Authorities and demonstrating good governance through behaviour;
• Taking informed, transparent decisions and managing risks;
• Developing the capacity and capability of the SOGs/Responsible Authorities to be effective;
• Engaging with stakeholders and taking an active and planned approach in communications; and
• Accountability to the public.

SOG Role – National Consistency

18.11 It is important that the role of the SOG is consistent across Scotland. To help achieve this, it is expected that each SOG will:

• Provide a strategic structure with oversight of the MAPPA area and representation at Chief Officer level;
• Provide a clear vision for the delivery of services with the aim of reducing the risk to the public through prioritisation of community safety;
• Include key members from the local authority, Police Scotland, Scottish Prison Service (SPS) and Health Boards alongside representatives from other agencies, as agreed, to meet local needs;
• Make effective use of data and resources readily available to them including data on the nature and pattern of offending in order for longer term planning on delivery of services;
• Provide a forum where issues between and among Responsible Authorities and Duty To Co-operate (DTC) agencies can be discussed and resolved; and
• Provide the MAPPA National Strategic Group with a summary of lessons learned and areas of practice which may require further discussion including whether any aspects would benefit from adopting a national approach.

Funding

18.12 It is expected that SOG Chairs will have direct oversight of the spend of co-ordination funding, which in practice is paid through local authorities. Other MAPPA partners are funded as part of their core allocations for activity which will include MAPPA, and while budgets remain with each partner, there can be local discussion about how that resource is deployed as part of joint working arrangements.

SOG Role - Locally

18.13 The SOG should also develop a clear understanding of how their local MAPPA group (for example, the MAPPA Operational Group) communicates with other relevant local strategic multi-agency arrangements (such as Child Protection Committees).

18.14 The SOG should provide a forum for MAPPA partners to share details of activity and agree their contribution to the following areas as part of their MAPPA responsibilities:

• Business planning, management and resource allocation;
• The publication of an annual report on the operation of MAPPA in line with the obligations of Section 11 of the Management of Offenders etc. (Scotland) Act 2005;
• Raise public awareness of the management of individuals subject to MAPPA processes;
• Significant Case Review;
• Training;
• Liaison and communication, both within MAPPA and with other local multi-agency structures designed to protect the public;
• Ensure adherence to this guidance and other relevant National Protocols and standards (including ViSOR and data protection);
• Identify, implement and share effective practice;
• Other Risk of Serious Harm individuals (MAPPA Category 3);
• Address any issues around the concentration in particular locations of individuals subject to the Sex Offender Notification Requirements (SONR); and
• Liaise with the Scottish Government (SG) Public Protection Unit.

18.15 The SOG should meet quarterly and be supported by one or more operational or steering groups according to local requirements. The MAPPA Co-ordinator is employed on behalf of all the Responsible Authorities and plays an essential role in the co-ordination, support and administration of the strategic functions on behalf of the SOG.

Performance management and quality assurance

18.16 The Responsible Authorities and the SOG need to be satisfied that the MAPPA in their area are working well and that the risk management arrangements meet the defensibility test. The defensibility test is:

'Was everything* done that could reasonably have been done to prevent individuals from reoffending?

18.17 *This includes:

• All reasonable steps have been taken;
• Reliable assessment methods have been used;
• All available information relevant to risk has been collated and thoroughly evaluated;
• Decisions are recorded, communicated and thoroughly evaluated;
• Appropriate policies and procedures have been followed; and
• Practitioners and their managers adopt an investigative approach and are proactive.

18.18 This applies to how each individual agency fulfils their obligations and how the agencies work together in achieving comprehensive risk management. The Responsible Authorities, through the SOG, need to be able to demonstrate this through monitoring and evaluation of performance.

18.19 The monitoring and evaluation activities of the SOG contribute to the MAPPA annual report, drive business planning and provide the means for reviewing the effectiveness of MAPPA.

18.20 This involves the collection and analysis of both quantitative and qualitative data. The MAPPA Co-ordinator should collate and provide this information for the SOG.

Annual report

18.21 Under the terms of section 11(2) of 2005 Act, each MAPPA area must publish an annual report as soon as practicable after the end of each period of 12 months beginning with the 1 April. The content of the report must recognise the terms of section 11(3) of the 2005 Act. . The SOG is responsible for the co-ordination and quality assurance of the report for its area, the preparation and publication of which is an important part of the strategic arrangements for the MAPPA. It is for each MAPPA area across Scotland to provide a report which raises public awareness and understanding of public protection issues.

18.22 The annual reports are published on the websites of each local authority. Scottish Ministers will also publish an overview report containing the relevant national level statistics on the Scottish Government website with web links to each of the regional reports.

Intensive Support Packages (ISP)

18.23 A very small number of individuals are managed in the community through the provision of a specifically tailored Intensive Support Packages (ISPs). These are an intensive set of monitoring arrangements put in place for high-risk individuals subject to statutory supervision in the community. The level of monitoring is determined on a risk and needs basis, informed as necessary by the MAPPA process and then notified to the Scottish Government by the relevant local authority.

18.24 The Justice Social Work (JSW) services managers are required to provide the Scottish Government with a provisional list of ISP cases for the forthcoming financial year for budget planning purposes. These should be cases being actively managed under MAPPA. Where possible, an assessment should be made of the likelihood of this funding being required.

18.25 In the majority of cases the monitoring is undertaken by third sector providers. Funding is approved in advance, usually on a six -month- basis by the Scottish Government, based on updated risk assessment, service package and financial assessment submitted on an application form and signed by the JSW manager. Local authorities have funds in place to cover a minimum of 10% of the costs through the Section 27 Social Work (Scotland) Act 1968 budget.

18.26 It is expected that the risk management and monitoring arrangements should be kept under regular review by the JSW manager with a view to decreasing support over time as appropriate, and so aiding rehabilitation. Scottish Government will look for advice from the JSW manager on how the risk associated with a particular individual is changing over time when applications for continuation of packages are received. Where an individual subject to ISP is recalled to custody or removed from the approved ISP, the JSW manager must inform the Scottish Government.