Beruflich Dokumente
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Circular
To issue practice guidance to Areas and ensure that urgent improvements IMPLEMENTATION DATE:
are embedded in Area performance across England and Wales. 31 May 2006
PC15/2006 – Guidance on the Implement of Practice Recommendations Arising from HMIP Independent Review of
Serious Offence Case, February 2006 2
EXISTING AND NEW PRACTICE GUIDANCE ARISING FROM HM CHIEF INSPECTOR’S INVESTIGATION INTO
DAMIEN HANSON AND ELLIOT WHITE
Introduction
This circular brings together existing and new guidance, which relates to the specific practice recommendations arising
from the Independent Serious Further Offence Review published on 28 February 2006. Annex A contains the
recommendations and guidance with identified lead officials at the National Probation Directorate. Areas are required to
implement this guidance and communicate the changes to all relevant staff by 31 May 2006. Annex B contains a template
for Areas to complete and return to the Public Protection Unit and to the appropriate Regional Manager by 31 May 2006.
Annex C contains a template for use in notification of changes in the risk management plan or release plan in parole
cases.
A separate letter has been sent by the Director of the National Probation Service to all Chairs and Chief Officers to
accompany the issuing of this circular. It is vital to emphasise the priority of learning from the lessons of the cases of
Damien Hanson and Elliot White and the importance of achieving the changes necessary to increase the National
Probation Service’s ability to protect the public.
Areas are required to respond to the following broad ‘key’ recommendations, which provide the context for the specific
practice recommendations:
Doing the job properly: the public is entitled to expect all reasonable actions to be taken to minimise risk. That did not
happen in these cases.
Key Recommendation: NOMS should be able to demonstrate that action has been taken to minimise risk.
Enforcement action should take place for all failures to comply with conditions.
Lead responsibility in managing cases: there was a lack of clarity, due to poor organisation, as to who was responsible
for managing the Hanson case, which led directly to the deficiencies identified.
Key Recommendation: there should be continuity and clarity of lead responsibility, particularly for high risk
of harm offenders.
Updating Parole Board decisions: there is no clarity about whose responsibility it is to review a decision if an offender’s
circumstances change between the decision to release and the actual release.
Key Recommendation: the parole board should specify what should happen in situations where release is
dependent on a requirement which in practice cannot be met.
Improving Risk of Harm work nationally: a number of factors have hindered improvement, including the fact that only in
April 2005 were risk of harm performance targets set for the first time; the existence of specialist teams, which leads to
discontinuity and lack of knowledge of risk of harm issues by generalist officers; and the complexities of performance
management in a field, which is essentially about professional judgement
Key Recommendation: Chief Officers should ensure that Area structures support risk of harm work,
including clarity of lines of responsibility.
PC15/2006 – Guidance on the Implement of Practice Recommendations Arising from HMIP Independent Review of
Serious Offence Case, February 2006 3
Delivering Change and Improvements
Delivering the national recommendations provides the context for this Probation Circular. The specific practice guidance
is wide-ranging and covers:
• The importance of focusing on issues of risk of harm as well as resettlement during pre- and post-release contact
• Offender management
• Operation of conditions and exclusion zones for parolees
• Referral to MAPPA
• Interventions
• Drugs work
• Approved premises
• Assessment and completion of OASys
• Working with partner organisations
• Internal transfer of cases
• Management of risk of serious harm
• Breach timeliness
• Contemporaneous record keeping
• Delivery of National Standards
It is imperative that each Probation Area responds urgently to implement the guidance and to embed the improvements
across every unit.
Regional Managers will undertake two audits to provide evidence that the whole Service has moved quickly to learn the
lessons from the Hanson and White investigation. The Head of Regions and Performance will inform you in due course
about the structure and content of the two audits, which will provide assurance to Ministers that the recommendations
have been implemented within three months and embedded in practice within six months (by 31 October 2006).
London Probation Area is developing an additional separate action plan to respond to eight London specific practice
recommendations by 13 April 2006.
It is anticipated that the Home Secretary will give the Risk of Harm Improvement Board an expanded brief, and the Head
of Public Protection and Licensed Release, who chairs the Board, will have national oversight of the effectiveness of the
delivery of Area and national plans.
PC15/2006 – Guidance on the Implement of Practice Recommendations Arising from HMIP Independent Review of
Serious Offence Case, February 2006 4
Annex A - Hanson and White National Practice Guidance – Issued 13th April 2006
WHITE
8.1 An offender who is in breach Existing guidance is to be found in National Standards 2005, General Standard Richard
of the requirements of a court (GS) 9. “Where the offender fails to comply with the sentence, the offender Mason
order should be brought back manager will take steps to promptly enforce the requirements of the sentence”.
(Head of
to court promptly as required Specific guidance on compliance is found in Specific Standards 9.1 to 9.9.
Offender
by the National Standards for
Management
the Probation Service. This
Unit)
not only makes for good
quality offender management
but also is vital for public
confidence in the supervision
of offenders in the
community.
8.2 The importance of clear National Standards 2005, SS1.4 requires full and accurate records to be kept on Richard
contemporaneous record designated computer systems. Mason
keeping by all Probation staff
The recording of contact is a critical process of offender management. Offender (Head of
should be emphasised as the
Managers are responsible for collating information on all planned and unplanned Offender
bedrock for the responsible
contacts, including where the offender is subject to interventions, and for Management
and accountable
maintaining and updating the record of contact. Staff should ensure that all Unit)
management of offenders
contacts (including those with external partners) are entered on the Area’s case
management system.
• Entries should be recorded, as far as possible, on the day the event
occurred and no later than the following day.
• After each planned or unplanned contact, the Offender Manager should
make a record both of the contact itself and of what is planned. This means
that should another member of staff have to view the case they will be able
to make an accurate assessment of progress against the sentence plan.
• Where an offender is subject to a range of different interventions, the
Offender Manager should ensure that information about that offender’s
attendance is recorded in one place.
• Where an offender fails to attend an appointment, the Offender Manager
should record the date of the absence, whether it was acceptable or not and
evidence in support of the decision, including evidence produced by the
offender to explain his/her absence. A decision to treat an absence as
acceptable should be authorised by a line manager.
8.3 Achieving early first contact Existing guidance is to be found in National Standards 2005 GS4. “Offender Richard
with people under managers will commence the sentence promptly and induct the offender into the Mason
supervision is not only a requirements of the sentence and the expectations being placed upon them.”
(Head of
requirement of National
Offender
Standards but also it conveys
Management
the seriousness of
Unit)
supervision to the offender
and sets the pattern for
future contact and
compliance.
The following interim guidance builds on the Home Office Probation Service
8.7 In all DTTO cases the Sarah
National Standards for DTTOs and DRRS and NPD guidance on DRRS issued
offender manager should be Mann
as PC 57/2005. (More general guidance on the DRR and ATR in light of 12
responsible for maintaining
months implementation will be issued in the summer). The Offender Manager (Head of
an up-to-date record that
must record all relevant information about the sentence in such a way that Interventions
collates all contact with the
someone not familiar with the case can make an accurate assessment of what Unit)
offender, including
has happened throughout the order and what is scheduled to take place. The
attendance on programmes
record should demonstrate that all relevant National Standards have been
and drug testing
complied with or that any departures from the standards have been authorised
appointments and results.
by a manager.
Information recorded should include information relating to
• the implementation of all parts of the DTTO and in the case of the DRR
any other requirements
• details of how minimum contact times are delivered. As indicated in PC
57/2005, compliance with minimum contact times has been
unacceptably low and this may be linked to poor recording practice
• contacts with the treatment provider or any person designated by them
• test administration and results, results of any confirmatory testing
• dates and summaries of court reviews
• details of any failed appointments and subsequent enforcement action
• feedback relating to the implementation of any other requirements
• information regarding compliance or otherwise with National Standards
• dates of next appointments with the Offender Manager, treatment
provider and any other agency involved in delivering the order.
8.8 Where an offender has When considering the suitability of a further community order proposal the report Richard
demonstrated a poor level of writer should: Mason
compliance with a previous
• assess the offender’s reasons for non-compliance, for example whether it (Head of
court order or licence a Pre-
was related to drug/alcohol issues that required stabilisation or mental Offender
sentence Report should not
health problems that required treatment Management
propose a similar sentence
Unit)
unless there are special • assess the offender’s motivation to comply with the order and to address
reasons stated in the report his/her offending related needs
• consider any significant changes in the offender’s circumstances since the
previous order was made. These might include positive factors such as the
length of time between the previous order being made & the current court
proceedings and also negative ones such as an increase in the likelihood of
reconviction or risk of serious harm.
• make clear why, despite previous poor compliance, a community order is
still suitable.
8.9 Relevant information needs to pass from the offender manager to the Richard
The offender manager
organisation delivering the intervention taking into account issues of Mason
should ensure that proper
confidentiality. In order to manage a DTTO or DRR effectively, treatment
written information about the (Head of
providers and any other agency involved in delivering any part of the
offender is made available to Offender
order/licence need timely and relevant information from the Offender Manager in
appropriately registered Management
order to locate their work in its wider context. The Offender Manager should
programme providers, and Unit)
send copies of relevant documentation within twenty four hours of the case
this should include copies of
being allocated if possible and as a minimum before the first appointment with
the Pre-sentence Report,
another agency. The documentation must include copies of the court order and
OASys assessment and a
licence to ensure all parties are clear about the statutory authority underpinning
copy of the court order or
the order. The order or licence should include details of all court imposed
licence.
requirements and in the case of licences any additional conditions. The
requirements and conditions should be explained to the offender and he/she
should sign and date the order to confirm that they have understood their
implications. Similarly the Offender Manager should liaise with all other parties
involved in delivering any part of the order/licence to ensure they that they
understand what it is they are required to deliver and how this will be done in
accordance with National Standards. This should be supported by locally agreed
protocols regarding information sharing and should be explicitly stated in
contracts with providers. Other information which should be shared with parties
involved in delivering part of the order/licence includes:
• Test results and which if any drugs there was a positive test result for
• Whether or not the offender disputes the test
• The offender’s response to the test including any explanations for the
test result
• Arrangements for any confirmatory testing and when the results of this
will be sent
• A summary of any action taken or planned as a result of the positive
test, particularly of any assessed increase in risks of re-offending or
harm.
The above actions should be recorded on the offender’s file. All test results
should be included in reports for court review hearings.
The Risk of Harm assessment and Risk Management Plan are incorporated in
the Sentence Plan. The timeliness of sentence planning is addressed in the
National Standards 2005.
Proposed action:
The Parole Board will be invited to join the membership of the Risk of Harm
Improvement board.
The Risk of Harm Improvement Board will commission a literature review of the
use of dynamic and static risk factors in the assessment of risk of harm in
respect of instrumental violence and the range of specific risk assessment tools
and interventions currently available. The review will also be asked to make any
recommendations to the Risk of Harm Improvement Board to identify any gaps
in provision and options to extend the availability of specific assessment tools.
The Board will also consider the potential to expand the interventions portfolio to
address this type of offending behaviour, where there is an indication that this
would be helpful.
The Risk of Harm Training resource pack that has been commissioned from De
Montfort University will be launched at the national risk of harm workshop in
June 2006The pack includes training material which addresses the importance
of attention to static and dynamic risk indicators, along with attention to bias and
error in assessment. Further guidance to support the implementation of the
training material will be issued shortly to make sure that all Probation Areas
complete an audit of staff skills in respect of their understanding and under
pinning knowledge of assessment and management of risk of harm.
10.8 The Probation Service should Existing guidance as per 10.7 (PC 16/2005 & PC: 28/2003) John
ensure that an offender is not Scott
required to report to a The exclusion zone should be as specific as possible and it is necessary to
(Head of
Probation Office or other provide a map on which the proposed boundaries of the exclusion zone are
Public
facility within an exclusion marked clearly. The offender must be left in no doubt as to where exclusion
Protection
zone unless there are quite zone begins and ends. The ‘Being on Licence’ leaflet should be deployed in
Unit)
exceptional circumstances that induction appointments so that the terms of the licence and additional licence
are agreed and recorded in conditions are explained and clearly understood. A declaration of understanding
advance by a senior manager. should be signed by the offender.
Where a decision is taken not to manage the risk under MAPPA Level 2 or 3 for
an offender assessed as high/ very high risk of serious harm, the offender
manager must ensure that the reasons for this decision are clearly recorded
onto the risk management plan.
Assigning the appropriate MAPPA management level for offenders who meet
• Category 1 Registered Sex Offender
• Category 2 Serving 12months or more for sexual or violent offence
• Category 3 Other - identified as presenting a high/ very high risk of
harm or exceptional risk management circumstances
Assignment of MAPPA levels 1-3 must take place immediately for relevant
cases if the offender is in the community and under supervision. For serving
prisoners the MAPPA level should be assigned at either 6 months pre the
known release date (or immediately if serving less than 6 months) or at the
occasion of the preparation of the parole assessment report for the first parole
hearing and again at all subsequent reviews for early release. In each instance
referral to MAPPA must be informed by current and completed OASys
assessment.
Offenders who are currently serving longer prison sentences who do not meet
the above criteria should be only identified as a MAPPA nominal. For long term
serving prisoners, the risk management planning and sentence planning should
remain fully aligned with the assessed risk of serious harm through OASys.
Referral to MAPPA Level 2 or 3 should take place at the point where it is
necessary and realistic to engage the relevant agencies in the community who
are required to strengthen the risk management activity. There may be some
instances where duty to cooperate agencies will need to be engaged earlier
than 6 months pre release. However, in order to introduce improved consistency
of the referral process and active engagement of duty to cooperate agencies in
the community this clarification has been introduced. There has been evidence
of MAPPA Levels assigned at the commencement of lengthy prison sentences
which have not been accompanied by active MAPPA level 2 or 3 meetings until
the offender has completed several years of the prison sentence and there is
the necessity to plan for management on release.
With respect to the collation of data for the MAPPA Annual reports, Areas
should have in place mechanisms in place to account for offenders who are in
the community being managed at each MAPPA level. This data will be required
for the annual reports 2006/07. The rollout of NOMIS and ViSOR should provide
the long term supporting recording mechanisms.
10.18 The quality of OASys The importance of good offender assessment has been made clear in PCs Richard
assessments of likelihood of 48/05 and 49/05 (both June 2005) and in subsequent communications and staff Mason
re-offending and Risk of Harm events. Chapter 8 of the OASys Manual on Risk of Harm assessment and
(Head of
should be an offender management is being revised and will be re-issued in the summer.
Offender
management priority.
Management
Unit)
10.19 There should be minimum Existing guidance is provided in PC 52/2004. This Circular is in the process of Richard PC by 13.04.06
standards for internal transfers being updated to reflect changes flowing from the Offender Management Model. Mason
of cases within offices,
(Head of
including standards relating to
Offender
timeliness, to ensure continuity
Management
of lead responsibility for
Unit)
managing the case.
Annex B
New Practice Guidance Arising from HM Chief Inspector’s Investigation into Damien Hanson and Elliott White
Probation Area:
Date of completion:
Date:
PROBATION DETAILS
Name
Address
Probation Area
Telephone number
(Direct Line/Mobile
No.)
Fax number
Email address
OFFENDER DETAILS
Name
Date of birth Prison No.
Prison establishment Parole Ref No.
The purpose of this report is to notify the Parole Board and relevant prison immediately when there
has been a development in the release plan which impacts upon the risk assessment and risk
management plan, in either of the following events:
a) After a Parole Assessment Report has been submitted and the arrangements outlined for release
have changed prior to the Parole Board considering the case. In these instances, this report must be
submitted to the Parole Board via the prison Parole clerk by e-mail to the custody e-mail box
‘custody.prisonname@hmps.gsi.gov.uk’
b) After the Parole Board have issued a release direction. In these instances, this report must be
submitted direct to the Parole Board, (by fax to the Post Panel Team on 0207 217 0342), copied to the
Prison Governor (or Director) via the Parole clerk by e-mail to ‘custody.prisonname@hmps.gsi.gov.uk.
Name:
Signed:
Date:
The Parole Board will send their response to the Probation contact on the front of this
form.