Background
Ever since 1968, when the Social Work (Scotland) Act merged the separate probation service in Scotland with other welfare services, Criminal Justice Social Work Services within local authorities have been responsible for the delivery of pre-sentence reports to courts, provision of community sentences, post release supervision of those offenders on statutory licence and voluntary throughcare. The one exception are Restriction of Liberty Orders ("electronic tagging"), where responsibility lies with a private contractor, Serco Ltd.
Since then many changes have influenced the scope and current shape of criminal justice social work services. In addition new legislation has brought new responsibilities eg the provision of such community sentences as supervised attendance orders, and Drug Treatment and Testing Orders.
100% Funding
Although criminal justice social work services remain an integral part of local authority social work services, 100% direct funding from central government for criminal justice social work services was introduced from 1989. This means that provision for court reports, all community based court disposals such as probation, community service and the supervision of prisoners on following their release and other Criminal Justice Social Work tasks, are all funded directly by the Scottish Executive.
Financial provision for 100% funding for criminal justice social work has almost doubled over the last 7 years, and now covers a wider range of disposals, and other services, including accommodation and support for diversion from prosecution and bail services.
National Objectives and Standards
National Objectives and Standards were introduced for community service in 1989 and for the other services in 1991. They are designed to provide service objectives and targets for criminal justice social work services staff in carrying out their duties. The Standards also set out what is expected of the offenders subject to a community sentence or statutory post release supervision. This may involve making amends (though community service) and taking responsibility for what they have done and, in probation, working to chnage their behaviour and problems associated with it. This approach recognises that offenders make active choices but that these choices may be influenced by their real life circumstances.
Both of these initiatives have resulted in a greater confidence by the judiciary in criminal justice social work services and an increase in the use of community disposals by the courts.
Published as six separate documents, the relevant Standards can be accessed via the links below:
General Issues
Community Service
Probation
Supervised Attendance Orders
Throughcare
Social Enquiry Reports and Court Services
Tough Options
Following the publication of the Tough Options consultation paper in 1997, social work criminal justice services were re-structured. The objective of this was to make transparent connections between setting clear policy objectives and priorities for criminal justice services at the national level, whilst developing structures, which can deliver these in a coherent manner across Scotland. In accordance with this objective, from the 32 local authorities, 8 criminal justice mainland groupings were formed, along with 3 unitary authority services and 3 island authorities. This option preserved the local dimension in the delivery of criminal justice social work services, but also has the advantages of operating through larger units, which achieves greater consistency and quality. This model also helps to secure greater judicial and public confidence, whilst shifting the balance of expenditure more towards providing front line services and less on management.