South Ayrshire Health and Social Care Partnership REPORT. Integration Joint Board. 28 October 2015

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1 South Ayrshire Health and Social Care Partnership REPORT Meeting of South Ayrshire Health and Social Care Partnership Held on Integration Joint Board 28 October 2015 Agenda Item 10 Title Ayrshire Criminal Justice Partnership: A Review of Operational and Governance Arrangements Summary: The purpose of this report is to advise of work taking place to review the Ayrshire Criminal Justice Partnership, and to seek approval of revised interim governance arrangements. Presented by Tim Eltringham, Director of Health & Social Care Action required: It is recommended that the Integration Joint Board : 1. Note the work being undertaken to review the Ayrshire Criminal Justice Partnership; 2. Note that the functions of the Criminal Justice Joint Committee are now undertaken by the Integrated Joint Boards in East Ayrshire, North Ayrshire and South Ayrshire, and that consequently the CJJC has been superseded by the new arrangements and no longer exists; 3. Approve the proposed interim host arrangements as outlined at paragraph 5.6; 4. Note that the future delivery model for justice social work services will be reported at a future Integrated Joint Board, together with a recommendation about future management arrangements; 5. Note that this work will ensure that social work justice services are well placed to contribute to the changes associated with the redesign of the community justice system; and 6. Note that this report is also being taken to the East Ayrshire and North Ayrshire Health and Social Care Integrated Joint Boards to ensure consistency of decision making and approach. Implications checklist check box if applicable and include detail in report Financial HR Legal Equalities Sustainability Policy ICT 1

2 SOUTH AYRSHIRE HEALTH AND SOCIAL CARE PARTNERSHIP INTEGRATION JOINT BOARD 16 September 2015 Report by Director of Health & Social Care Ayrshire Criminal Justice Partnership: A Review of Operational and Governance Arrangements 1. PURPOSE OF REPORT 1.1 The purpose of this report is to advise of work taking place to review the Ayrshire Criminal Justice Partnership, and to seek approval of revised interim governance arrangements. 2. RECOMMENDATION It is recommended that the Integration Joint Board: 2.1 Note the work being undertaken to review the Ayrshire Criminal Justice Partnership; 2.2 Note that the functions of the Criminal Justice Joint Committee are now undertaken by the Integrated Joint Boards in East Ayrshire, North Ayrshire and South Ayrshire, and that consequently the CJJC has been superseded by the new arrangements and no longer exists; 2.3 Approve the proposed interim host arrangements as outlined at paragraph 5.6; 2.4 Note that the future delivery model for justice social work services will be reported at a future Integrated Joint Board, together with a recommendation about future management arrangements; 2.5 Note that this work will ensure that social work justice services are well placed to contribute to the changes associated with the redesign of the community justice system; and 2.6 Note that this report is also being taken to the East Ayrshire and North Ayrshire Health and Social Care Integrated Joint Boards to ensure consistency of decision making and approach. 3. BACKGROUND INFORMATION 3.1 In April 2002, the Ayrshire Criminal Justice Partnership was established to manage, plan, operate, deliver and develop Criminal Justice Social Work Services across Ayrshire. It was one of the first shared services in Ayrshire. 3.2 In 2005, the Criminal Justice Joint Committee constituted under Section 56(5) of the Local Government (Scotland) Act 1973 was established, with delegated powers from each of the three Councils in Ayrshire to provide criminal justice social work services. These arrangements are set out in a formal Minute of Agreement between East 2

3 Ayrshire Council, North Ayrshire Council and South Ayrshire Council. The delegated functions specified were: Section 27 Social Work (Scotland)Act 1968; Section 27A Social Work (Scotland) Act 1968; Sections 12 to 15 Prisoners and Criminal Proceedings (Scotland) Act 1993; Sections 57, 210A, 228 to 234, 232(1), 234B, 234C, 234D, 234E, 234F, 234J, 235 to 237, 238, 239, 240, 241, 245D and Schedules 4,6 and 7 of the Criminal Procedure (Scotland) Act 1995; and Sections 6 to 12, 71 and 72 Criminal Justice (Scotland) Act The Criminal Justice Joint Committee (CJJC) comprises of two elected members from each of the Councils as nominated. Each Council may also appoint a member to act as a deputy to attend and vote at any meeting in the absence of a nominated member. 3.4 The CJJC is supported by a Management Committee (known as the Pre CJJC Meeting) comprising the Heads of Service of Criminal Justice Social Work of the Councils or their nominees and the Criminal Justice Partnership Manager. 3.5 The Management Committee have the following remit: The overseeing of activities of the CJJC, the monitoring, and the provision of direction in relation to the services provided by the CJJC; the setting of priorities with regard to the remit of the CJJC; the resolution of disputes with regard to the allocation of resources and level of services; Preparing a single financial budget for Criminal Justice Services, overseeing the distribution of the single grant allocation and arrangements for payment of all necessary outlays; The need for any amendments to the remit of the CJJC; and Acting as the focal point of contact with their respective Councils including: informing their Councils of the activities undertaken; Lead officer for and distributor of any relevant data to and from the respective Councils. 4. REPORT 4.1 In recognising that significant change is taking place which impacts on justice social work services (including the National Consultation on Community Justice and Health and Social Care Integration), coupled with the need to review the existing Minute of Agreement and delivery model, the Heads of Service with responsibility for Criminal Justice Social Work Services in East, North and South Ayrshire Councils commissioned a review of the Criminal Justice Partnership in Ayrshire. 4.2 The aim was to review the existing Criminal Justice Partnership Agreement and delivery model, with a view to achieving the best outcomes for people involved in offending, whilst ensuring the maximisation of local authority justice service resources. 4.3 The remit was to review the: Management structures, staffing and delivery arrangements for Justice Services within each local authority area and across Ayrshire; Workload data to inform future service delivery; 3

4 Governance and reporting arrangements within each local authority area and across Ayrshire; and Minute of Agreement between the three Councils. 4.4 The review has been broken into two stages. Stage 1 has focussed on the current arrangements and stage 2 is to look to the future and outline the future shape of service delivery arrangements. 4.5 Stage 1 has involved table top work, and has been completed, providing detail of: Current operational activity; Staffing and management arrangements; and Workload analysis. 4.6 Stage 1 has also mapped out the service management perspective on the current strengths and areas for developments within services. The strengths include: A clear strategic plan is in place, outlining proposed developments and improvement activity in social work criminal justice services; The partnership has maximised the use of specialist resources, where economies of scale are identified as being challenging; The partnership has been able to evidence good performance in some key areas; The partnership has created opportunities for shared learning and joint improvement activity e.g. approaches to self-evaluation, including peer review. 4.7 Stage 2 of the review has commenced, which will consider options for the future service delivery arrangements in Ayrshire, with a focus on the balance between front line locality based services and Ayrshire Wide shared specialist services. 5. GOVERNANCE 5.1 As outlined at section 3 and 4, the governance of the Ayrshire Criminal Justice Partnership is set out in a Minute of Agreement, and accordingly is governed by elected members from each of the three local authorities. 5.2 As set out in the Minute of Agreement, the CJJC has met four times per year, and has received regular reports on plans, performance, finance and key developments. 5.3 In addition, there has been meaningful engagement between elected members, officers and people involved in the justice system, through the use of presentations and conversations, and by involving colleagues from partner and third sector services. 5.4 The Integration of Health and Social Care has made changes to the management and governance of services, including Criminal Justice Social Work Services. At the meeting of South Ayrshire Council on 06 March 2014 it was decided to include the Criminal Justice Social Work Service within the Health and Social Care Partnership. This decision was also made in East Ayrshire Council and North Ayrshire Council. 5.5 In all three local authority areas, these arrangements were fully implemented on 1 April 2015, reporting through their respective Integrated Joint Boards. In effect, the aforementioned arrangements made by the three Ayrshire Authorities have superseded the previous Ayrshire Criminal Justice Partnership governance 4

5 arrangements, and consequently the CJJC is no longer required and has ceased to exist. 5.6 Given that a range of Ayrshire wide services continue to operate, it is recommended that interim management arrangements are implemented pending the conclusion of the review. Given that North Ayrshire were the lead local authority in respect of coordinating and managing the partnership arrangements (including being the employer of partnership staff), it is proposed that North Ayrshire is the interim host local authority for Ayrshire justice services. 6. COMMUNITY JUSTICE 6.1 The arrangements set out in this report refer solely to the management and operation of the social work justice service across Ayrshire, and are separate to current discussions about the redesign of the community justice system. The latter refers to the work of all community planning partners in reducing reoffending in our communities. Social work is one of the partners in the community justice system and while the national review does not bring changes to the operational delivery of social work services, this review of the Ayrshire Criminal Justice Partnership will ensure readiness to contribute most effectively to the proposed changes. 7. PARTNERSHIP APPROACHES 7.1 This report refers to the Ayrshire Criminal Justice Partnership, and while collaborative working arrangements have been in place with Dumfries and Galloway Council, it has not been a formal partner in the agreement. 7.2 The Scottish Government has implemented the Multi-agency Public Protection Arrangements (MAPPA) on the basis of community justice partnership areas, which in South West Scotland includes the three Ayrshire local authority areas and Dumfries and Galloway Council. The Scottish Government has also indicated that it does not envisage any immediate change in this arrangement as a consequence of the redesign of the community justice system. As outlined, this review is focused on the social work service, however stage 2 of the review will give consideration to the MAPPA arrangements from a social work perspective, and will highlight any findings to the Strategic Oversight Group for MAPPA. Note: MAPPA refers to the partnership arrangements to assess and manage the risk posed by sexual offenders. 8. RESOURCE IMPLICATIONS 8.1 Financial Implications - none 8.2 Human Resource Implications -none 8.3 Legal Implications -none 9. CONSULTATION AND PARTNERSHIP WORKING 9.1 This is covered in the body of the report 10. EQUALITIES IMPLICATIONS 5

6 10.1 none 11. SUSTAINABILITY IMPLICATIONS 11.1 This arrangement supports the sustainable delivery of criminal justice services in South Ayrshire REPORT AUTHOR AND PERSON TO CONTACT Name: Paula Godfrey Phone number: address: BACKGROUND PAPERS None 16/09/2015 6

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