Service Specification for Support Delivery of the Drug Rehabilitation Requirement. Service Specification Document

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1 Service Specification for Support Delivery of the Drug Rehabilitation Service Specification Document This document defines the service, including the required outcome(s) and outputs. As part of an SLA or, the national minimum outputs in this document are mandatory for all providers. The document can also contain optional outputs that are available for Commissioners to commission. 1. Service Specification Document 2. Operating Model 3. Direct Service Costs & Assumptions Document 4. Cost Spreadsheet Page 1 of 13

2 Version Control Table Version No. Reason for Issue / Changes Date Issued P1.0 Preview Publication 29/03/2011 P2.0 Go-Live Publication, references updated 01/10/2011 P2.1 Service element amended from are tested for illegal 23/01/2012 drugs to access testing for illegal drugs, to reflect the fact that whilst the delivery of treatment is out of scope, ensuring that it is available is in scope. AFP1.0 Available for Planning Purposes version. Prepared for MOJ website to assist with forward planning, following revisions to align with the Rehabilitation Programme. Definition of Service: Updated to reference provisions of LASPO Act 2012 which removed restriction requiring a DDR to be made for a minimum of 6 months period. Strategic context: Previous text deleted, including list of current strategic issues, as outdated. Standard wording inserted about Transforming Justice programme, equalities and female offenders. Text about recent changes in commissioning arrangements added. Reference to providers of interventions added. Responsibilities of providers of offender management services detailed. Service elements in scope: access testing for illegal drugs amended to access and attend testing for illegal drugs. Out of scope service elements: references to commissioning added. Dependent service elements: appointments included in the Supervision changed to in any other requirement. 10/03/2014 References to non-mandatory guidance: updated. Changes to Service Specification Outputs: Output 1: within prescribed timescales changed to: within the timescales indicated to the court at the time of sentence. Outputs 2, 3 and 11 reworded to make the offender manager (OM) Page 2 of 13

3 role active (not passive). Output 5 reworded, to reflect that OM is not responsible for ensuring the offender is regularly tested for drugs. New wording requires OM to have up to date evidence of offenders attending for testing. Output 7 (recording): added that records are kept on an Authority Approved Information System, for clarity. Output 9: reference to liaison taking place within the prescribed timescales. Output 11: Reference to cases conducted by the National Probation Service added, for clarity. P3.0 Go live version. Service elements: access and attend testing for illegal drugs amended to: are provided appropriate support to enable them to access and attend... Service Outputs: Output row 1: amended from The offender commences to specified treatment within the timescales indicated to the court at the time of sentence to: The OM instructs the offender to attend in accordance with the level of intensity of the requirement. Output row 3: wording added: in accordance with the provision of treatment by the treatment provider. Output row 7: reference to recording results on Authority Approved Information system replaced by: on the case management system. Output row 8: reference to framework agreed between OM and treatment provider replaced by: in accordance with the provision of treatment by the treatment provider. Output row 12: are provided with feedback on their progress by the offender manager and treatment provider and assisted in planning for appropriate treatment to continue after the end of the requirement replaced by: The OM ensure that the offender is provided with feedback on their response to treatment during and at the end of treatment and assisted to consider options Page 3 of

4 for future treatment provision after the Treatment is ended. Dependency with Manage the Sentence for CO/SSO clarified in Strategic Context and in Dependent Service Elements rows. Page 4 of 13

5 Service Specification for Support Delivery of Drug Rehabilitation 1. Service Name Support Delivery of Drug Rehabilitation 2. Key Outcome(s) for Service Successful completion of treatment Reduction in or elimination of illegal drug use Reduction in offending by those under the Drug Rehabilitation () 3. Definition of Service Under Section 209 of the Criminal Justice Act 2003, a, comprising structured treatment and regular drug testing, is available to courts as a sentencing option for offences committed on or after 4 April A can be made as part of a Community Order or a Suspended Sentence Order (SSO). The Legal Aid, Sentencing and Punishment of (LASPO) Act 2012 removed the restriction for a Drug Rehabilitation to have a minimum length of 6 months. These provisions aim to provide local providers with the flexibility to tailor treatment requirements to individual treatment need, changing patterns of substance misuse, and the move towards a recovery focused approach to treatment. It must be supervised by a suitably qualified or experienced individual. Before making the requirement, the court must be satisfied: The offender is dependent on or has the propensity to misuse illegal drugs The offender requires and would benefit from treatment Necessary arrangements have been or can be made for treatment The offender expresses his/her willingness to comply with the requirement The can be used for low, medium and high sentencing bands. The amount and intensity of the drug treatment delivered under the can be tailored to individual treatment needs regardless of the seriousness of the offence. The content and duration of the total Community Order should provide the overall restriction of liberty which is commensurate with the seriousness of the offence. Under Section 210 of the Criminal Justice Act, the court may provide for the review of any and must do so in the case of requirements lasting twelve months or more. The review should take the form of a written report presented to the court which includes the results of the offender s drug tests. Page 5 of 13

6 4. Service Elements In Scope access and attend treatment which meets the quality standards specified by the National Offender Management Service (NOMS) and matches order intensity and treatment need are provided appropriate support to enable them to access and attend testing for illegal drugs Information is shared are supported through treatment 5. Out of Scope The delivery of the treatment is undertaken by providers commissioned via local authority commissioning arrangements The negotiation of commissioning and funding arrangements 6. Dependent Service Elements Arranging and coordinating appointments which are included in any other requirement. NOMS guidance stipulates a should never be proposed without an accompanying Supervision. The overall process of management of the offender, including sentence planning and enforcement, is contained in the Manage the Sentence for a Community Order (CO) or Suspended Sentence Order (SSO) service specification. The service elements in Manage the Sentence for a CO or SSO, which are all dependent with this specification, are: A plan is prepared The plan is implemented The plan is implemented by referral to specialist services The offender is monitored and compliance is promoted Risk is managed The sentence plan is reviewed and the sentence is terminated Inter-agency public protection procedures Engagement of specialist advice Case transfer Enforcement action Page 6 of 13

7 This specification ( Support Delivery of Drug Rehabilitation ) covers work specific to delivery of the Drug Rehabilitation (that is, tasks undertaken because, and only because, the requirement is in place) and is therefore additional to the offender management processes covered in Manage the Sentence for a CO or SSO. 7. Strategic Context This specification aligns with the Ministry of Justice (MOJ) Transforming Rehabilitation: A Strategy for Reform document published in May This outlines the services to be provided by the National Probation Service and prisons, and the services to be delivered by contracted providers. The National Probation Service holds responsibility for advice to courts, and offender management of MAPPA and high risk of serious harm and other public interest offenders. For low and medium risk of serious harm cases, the National Probation Service must also respond to information from the contracted provider and staff working in prisons that suggests that there may be a potential escalation to high risk of serious harm, undertake renewed risk assessments and take on the responsibility for the management of any cases in which risk of serious harm has become high. This specification requires effective working arrangements between the National Probation Service, prisons and providers of services. This specification is interdependent with the specification Manage the Sentence for a Community Order or Suspended Sentence Order which contains the core requirements relating to offender management, including preparing and implementing a plan; MAPPA work; enforcement and appointments in line with National Standards. This specification covers only those additional tasks, which are undertaken because the Drug Rehabilitation is in place, such as: liaison with the treatment provider to monitor attendance and engagement, and discuss failures to attend; and providing joint feedback, identifying further work to be done and planning for treatment needs to be met after the requirement has finished. See Dependent Service Elements for more detail. In April 2013 responsibility for commissioning drug treatment services in England became the responsibility of Local Authority Directors of Public Health under changes introduced in the Heath and Social Care Act In Wales, responsibility for commissioning drug treatment services rests with Local Health Boards. Interventions may be provided by a range of organisations, including NHS Mental Health Trusts in England, NHS Local Health Boards in Wales and by third sector providers. All offenders, as local residents, should have access to these interventions where required as part of mainstream health provision. Providers of offender management services are responsible for funding the supervision and enforcement of Page 7 of 13

8 the requirement as part of a CO or SSO, but not for the funding of mainstream treatment or testing. Equalities Under the Equality Act 2010, the Ministry of Justice has an ongoing legal duty to pay due regard to the need to: eliminate unlawful discrimination, harassment and victimisation and other prohibited conduct; advance equality of opportunity between different groups (those who share a protected characteristic and those who do not); and, foster good relations between different groups. Providers are required to act in accordance with this duty, as well as the more general provisions of the Equality Act. Historically, there have been unequal patterns of outcomes, with some groups of offenders with shared protected characteristics faring better than others (see NOMS Equalities Annual Report ). The MOJ is committed to address this disproportionality. Female Female offenders are a minority grouping within the offender cohort and often exhibit complex needs which must be addressed if their risk of reoffending is to be reduced. The government published its Strategic Objectives for Female in March 2013, which is integral to the delivery of offender management services. Needs in relation to domestic violence, sexual violence, and abuse are highly prevalent among female offenders. The MOJ and NOMS continue to work with the Home Office on its Ending Violence Against Women and Girls annual action plan. 8. Flexibility All the outputs in this specification are mandatory referred to as the National Minimum 9. Reference to Supporting Documents 10. Example Measurement/ Assurance Method for Commissioners Supporting documents to be determined. Delivery under this specification is the requirements set out in the NPS SLA; the CRC (Schedule 9 - Service Levels and Service Credits and Schedule 21 - Management Information); and NOMS Performance Reports. These documents include information about key performance measures, equalities data, management information, quality assurance and inspection activities. Page 8 of 13

9 11. Detailed Mandatory Instructions Criminal Justice Act 2003, Section 209 National Standards for the (2014; pending) 12. Non- Mandatory Guidance PC56/2005 Delivering Intensive Community Orders under the Criminal Justice Act 2003 PC57/2005 the Drug Rehabilitation and Alcohol Treatment (ATR) National Standards for the (2011): Practice Framework Advice on Implementing Changes to the ATR, and MHTR (NOMS Commissioning Group, November 2012) NOMS Risk of Serious Harm Guidance (June 2009) 13. Review Cycle Review cycle to be determined. Compliance Best Practice Guide: Performance Improvement Unit (2008) The Munro review of child protection: final report: a child-centred system (2011) Working Together to Safeguard Children. A guide to inter-agency working to safeguard and promote the welfare of children (HM Government, March 2013) Page 9 of 13

10 Specification National Minimum Row Service Element Outputs / Output Features Applicable Offender Types Policy Theme Example Measurement/ Assurance Method for Commissioners Detailed Mandatory Instructions Non-Mandatory Guidance 1. access and attend treatment which meets the quality standards specified by the NOMS and matches order intensity and treatment need. The offender is provided with appropriate support to enable them to access agreed provision of treatment by the treatment provider. Criminal Justice Act 2003; Section 209 the and ATR, page access and attend treatment which meets the quality standards specified by the NOMS and matches order intensity and treatment need. The offender manager instructs the offender to attend for treatment in accordance with the level of intensity of the requirement. Criminal Justice Act 2003; Section 209 the and ATR, pages 4, 15 & access and attend treatment which meets the quality standards specified by the National Offender Management Service (NOMS) and matches order intensity and treatment need. The offender manager ensures continuous assessment and care planning to enable the offender to access the most appropriate treatment in accordance with the provision of treatment by the treatment provider. Criminal Justice Act 2003; Section 209 Page 10 of 13

11 Row Service Element Outputs / Output Features Applicable Offender Types Policy Theme Example Measurement/ Assurance Method for Commissioners Detailed Mandatory Instructions Non-Mandatory Guidance 4. access and attend treatment which meets the quality standards specified by the NOMS and matches order intensity and treatment need. If a concern arises the offender manager is informed so that statutory safeguarding responsibilities are discharged. living with or having significant contact with a child Public Protection Safeguarding Children Monroe Review Working Together to Safeguard Children guidance (2013) 5. are provided appropriate support to enable them to access and attend testing for illegal drugs. The offender manager ensures that he/she has up to date evidence of the offenders attendance for testing and test results for the drugs primarily associated with their offending. Criminal Justice Act 2003; Section 209 the and ATR, pages are provided appropriate support to enable them to access and attend testing for illegal drugs. The offender manager ensures that the offender is intermittently tested for other drugs to identify polydrug use. the and ATR, page are provided appropriate support to enable them to access and attend testing for illegal drugs. Drug tests and results are recorded on the case management system Criminal Justice Act 2003; Sections 209 and 210 the and ATR, page 22 Page 11 of 13

12 Row Service Element Outputs / Output Features Applicable Offender Types Policy Theme Example Measurement/ Assurance Method for Commissioners Detailed Mandatory Instructions Non-Mandatory Guidance 8. Information is shared. Attendance at treatment sessions is monitored in accordance with a consistent framework in accordance with the provision of treatment by the treatment provider. I the and ATR, page Information is shared. Liaison between the offender manager who holds the Community Order and the treatment worker who is responsible for the care plan regarding risks presented by the offender and any changes to these takes place within the prescribed timescales. Public Protection NOMS Risk of Serious Harm Guidance June Information is shared. Arrangements are made for review hearings to be conducted by the National Probation Service in cases where they are mandatory or are ordered at the discretion of the court. Criminal Justice Act 2003; Section 210 the and ATR, page are supported through treatment. The offender manager provides the offender with comprehensive information about arrangements for treatment. Compliance Best Practice Guide: Performance Improvement Unit (2008) Page 12 of 13

13 Row Service Element Outputs / Output Features Applicable Offender Types Policy Theme Example Measurement/ Assurance Method for Commissioners Detailed Mandatory Instructions Non-Mandatory Guidance 12. are supported through treatment. The Offender Manager ensures that the offender is provided with feedback on their response to treatment during and at the end of treatment and assisted to consider options for future treatment provision after the Treatment is ended. Page 13 of 13

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