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

Annex 4: Model Memorandum of Understanding (MOU)

Multi Agency Public Protection Arrangements (MAPPA)

Model Memorandum of Understanding between the Responsible Authorities and the Duty to Co-operate Agencies within the Area of (xx)

This document should be regarded as a starting point for developing an MoU.

Statutory Basis

1. Sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005 require the Scottish Prison Service, local authorities and the Police as Responsible Authorities in the area of a local authority to jointly establish arrangements for the assessment and management of risks posed by categories of individual detailed by this legislation.

2. In addition, the legislation also provides Health boards and the State Hospital with statutory functions as Responsible Authorities to establish joint arrangements for the assessment and management of risk posed by Restricted Patients.

Duty to Co-operate (DTC)

3. Sections 10(3) and (4) of the Act provide that in establishing and implementing the joint arrangements, the Responsible Authorities must act in co-operation with such persons as Scottish Ministers specify by Order. As a result, it will be the duty of those persons and authorities specified in the Order to co-operate with the Responsible Authorities. Co-operation must be compatible with the exercise by those persons and authorities of their other statutory functions. It is intended as a means of enabling different agencies to work together but within their legitimate role whilst retaining their responsibility for action. The Act also provides that the DTC is reciprocal and requires agencies to co-operate with each other. The definition of 'co-operate' includes the exchange of information. Both public and other agencies are required to act responsibly and jointly to deliver the requirements of the law and compliance with the DTC will be reinforced through regulation and inspection regimes.

4. Section 10(5) of the Act requires the Responsible Authorities and the DTC agencies to develop a memorandum such as this, enabling the practicalities of co-operation to be agreed locally.

5. Section 10(7) of the Act defines the ' Responsible Authorities' who are required by section 10(1) to work together to establish joint arrangements for the assessment and management of risks posed by those individuals. One of the 'Responsible Authorities' is the local authority. The primary responsibility for working on the joint arrangements will lie with the Chief Social Work Officer. However, other local authority services, such as education and housing services, will also be required to discharge the corporate responsibility under this function.

6. The following agencies/ bodies in [xx] area with a DTC are signatories to this Memorandum of Understanding (MoU) and include: Example G4S (delivering electronic monitoring services) (XX) Health Board, Scottish Children's Reporter Administration (SCRA).

Principles and Purpose of the DTC

7. This MoU has been prepared by the Responsible Authorities and the duty to co-operate agencies. It is founded on the principles of the MAPPA Guidance and sets out the purpose of the DTC and how that duty will be delivered by the agencies party to the MoU.

8. All agencies involved with individuals subject to MAPPA including and party to this MoU are committed to working on a reciprocal basis by:

• sharing relevant information in accordance with the Data Protection Act 2018 and any agreed protocols or Information Sharing Agreements (ISAs) and the development of effective practice in relation to the assessment and management of individuals subject to MAPPA within XX;
• the effective use of resources to manage those individuals; and
• co-operating in order to develop and sustain public confidence in the multi-agency public protection arrangements.

9. The purposes of co-operation are to co-ordinate the involvement of different agencies in assessing and managing risk to enable every agency which has a legitimate interest, to contribute as fully as its existing statutory role and functions require in a way that complements the work of other agencies.

10. The DTC relates only to the operational, case-related work involved in assessing and managing the risks posed by individuals subject to MAPPA as defined by section 10 of the Management of Offenders, etc. (Scotland) Act 2005.

11. As previously stated the DTC is reciprocal. It requires the Responsible Authorities to co-operate with the DTC agencies, and those agencies to co-operate with the Responsible Authorities in assessing and managing the risks posed by individuals subject to MAPPA.

12. DTC agencies co-operate only in so far as this is compatible with their existing statutory responsibilities. Therefore, the duty does not require the agencies on which it is imposed to do anything other than what they are already required to do. It does require them to carry out their responsibilities, where these relate to individuals subject to MAPPA, however to do so collaboratively with the Responsible Authorities and the other DTC agencies.

13. The Responsible Authorities and the DTC agencies must set out the ways in which they are to co-operate in this MoU. This document constitutes this agreement.

Practicalities of Co-operation (example can be added to or amended locally)

14. Agencies involved in the process agree to work together. Representatives will:

• be in a position to make decisions which will commit appropriate resources based on agreed levels of risk assessment and management;
• participate in the assessment and management of all individuals subject to MAPPA, for the effective protection of the public;
• develop an understanding and respect for the differences in agency role and service provision;
• co-operate within their agency's role and statutory power. It should be noted that the arrangements do not aggregate the responsibility and authority of the agencies involved, it clarifies the role each agency is to play;
• carry out confident, appropriate and effective information sharing in accordance with the law and in line with any local protocols and Information Sharing Agreements (ISAs);
• ensure that diversity and equality matters for both members of the public and the individual are taken into consideration when assessing risk and formulating risk management plans. Equality before the law is an essential principle in the area of criminal justice and it is important therefore that legal obligations in relation to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation are recognised; and
• attend, where appropriate, MAPPA and other meetings in the delivery of public protection. In relation to Level 2 and 3 meetings, each agency will provide appropriate representation in line with this national MAPPA guidance.

Disclosure of Information

15. Disclosure of information relating to an individual subject to MAPPA can take place in three ways in Scotland, namely;

• The individual can self-disclose;
• A Public Interest Disclosure can be made by Police Scotland; or
• A disclosure can be made by social workers, in relation to the protection of children and vulnerable adults.

16. The signatories to this MoU agree that in any situation where the issue of disclosure is a possibility, the case must be discussed with the Police.

17. Issues around disclosure are also covered within the MAPPA National Guidance and in the National Accommodation Strategy for Sex Offenders in Scotland.

18. Disclosure of information about other individuals subject to MAPPA should only be undertaken following discussion with the Responsible Authorities and other DTC agencies involved.

Information Sharing

19. The signatories to this MoU agree to work to the principles of the Data Protection Act 2018. Consideration needs to be given to ensure there are clear policies and procedures in place to cover [list principles and how these will be met];

Dispute Resolution

20. The primary objective of MAPPA is public protection. There will be occasions when the Responsible Authorities and/or the DTC agencies cannot reach agreement. This MoU should therefore contain an agreed protocol for speedy dispute resolution. It should be noted however that the Responsible Authorities and DTC agencies still retain statutory responsibility for discharge of their statutory function.

Annual Report

21. The agencies party to this MoU agree to co-operate with the Responsible Authorities in the preparation of the annual report under section 11 of the Management of Offenders etc. (Scotland) Act 2005, e.g. in the provision of statistics, case studies etc.

Media Handling Strategy (Example)

22. The management of individuals subject to MAPPA requires effective partnerships between all agencies. This includes a joint approach to the media and handling of publicity.

23. The agencies party to this MoU agree to the following media strategy in relation to the provision of information on individual cases and on the operation of the MAPPA arrangements.

24. The strategy should include but is not limited to the following:

• The Responsible Authorities, i.e. Police, local authority, Scottish Prison Service (SPS) and health board will designate a senior member of staff as a communications or media spokesperson to whom all routine and emergency enquiries or concerns can be referred by the DTC agencies; and
• The Responsible Authorities will liaise with DTC agencies to ensure that they are aware of media attention or impending media reports.

Audit, Review and Quality Assurance

25. All agencies will ensure they have robust policies and procedures in place to monitor the effectiveness of their delivery of their statutory obligations.

26. Information about performance management and quality assurance can be found in Chapter 19 (Performance Management).

Status of the Memorandum of Understanding

27. This MoU is a working document and subject to review and may be altered at any time to reflect changing circumstances. Such changes will be subject to the agreement of all parties.

28. The review of this document will take place on: [Set date for review].

29. The parties to this Memorandum are: [List parties].