Community Payback Order: Summary Of Local Authority Annual Reports 2022-23

Laid before the Scottish Parliament by Community Justice Scotland under Section 227ZM of the Criminal Procedure (Scotland) Act 1995 March 2024 SG/2024/10

CJS is the national body for promoting the Scottish Government’s National Strategy for Community Justice, by making sure that people understand the benefits of early intervention, prevention and community sentencing. Ensuring that the Justice System supports the option for a court to impose a  Community Payback Order is key to delivering the Vision for Justice and the National Strategy for Community Justice  

Community Payback Orders (CPOs) serve as judicial mechanisms for individuals convicted of offences to contribute positively to their communities. These orders, which are determined by sheriffs and judges based on the nature of the offence and the support requirements of the individual, encompass a range of ten possible requirements for an individual to abide by.

It is widely recognised that individuals involved in the justice system often grapple with complex health and social challenges which  contribute to their criminal behaviour. CPOs play a pivotal role in fostering accountability while offering opportunities for rehabilitation and community reintegration, working with the individual to reduce the likelihood of reoffending.

This report provides an overview of the CPOs imposed by Scottish courts during the 2022-2023 period, drawing insights from all local authority areas. Notably, there has been a 20% increase in the number  of CPOs issued since the previous reporting period, with 67% of these orders incorporating a supervision requirement. The increase is likely to be in part due to Covid recovery but also underscores recognition of the complexity of many individual’s  needs and has increased the demands placed on justice social workers and third sector services.

Embedded within this report are accounts of innovative unpaid work services devised and executed by staff striving to assist individuals in addressing their needs, repairing their relationships, and fostering their accountability through community engagement. These initiatives encompass various endeavours, such as enhancing and preserving community spaces through the cultivation of gardens, cycle pathway repair, and assistance with flood damage. Other unpaid work schemes include actively supporting vulnerable populations through preparing refugee accommodation, enhancing children’s playgrounds, and uplifting and refurbishing unwanted garden furniture for people needing support with physical work. CPO s delivered the equivalent of over £14 million of work in communities.

However, alongside capturing this essential work, the returns for this report also make clear the key challenges faced by local authorities and third-sector organisations in delivering effective CPOs. One of the main problems is that public sector resource constraints have exacerbated problems related to recruiting and retaining experienced staff to carry out that essential work with individuals referred to them. Moreover, the increasing demand for court reports, coupled with the complexity of caseloads and  issues with IT systems, currently  present additional barriers to the effective execution of CPOs.

CJS has repeatedly highlighted the fact that sufficient resourcing of local statutory and third sector organisations to meet demand is key to delivery of Community Justice overall and CPOs in particular.  That remains a fundamental requirement if the Vision for Justice set out by Scottish Government is to be delivered.

Catherine Dyer
Chair of CJS Board

This report presents a summary of responses to questions posed to each local authority area about the delivery of CPOs during the 2022-23 reporting year. The circular and question template is included as an appendix to this report.

The report also draws on justice social work data which is published in “Justice social work statistics in Scotland: 2022-23.” The statistical publication was published by the Scottish Government on 16 January 2024 and presents national-level information on justice social work activity in Scotland. It includes data on justice social work services and social work orders, as well as characteristics of the individuals involved.

This report was created by Community Justice Scotland (CJS) and will be laid before the Scottish Parliament. This is the twelfth summary report and the sixth to be published under the amended legislative reporting arrangements. Previous summaries can be found on the CJS and Scottish Government websites.

The CPO replaced community service orders, supervised attendance orders and probation orders on 1^st February 2011 and is available to courts for offences committed on or after that date. The Criminal Procedure (Scotland) Act 1995 provides the legislative framework for CPOs.

A CPO is a sentence of the court and can consist of a number of individual elements, known as requirements. There are now ten different requirements which can be issued as part of the CPO. Table 1 provides a brief overview of the requirements but a full list of requirements and what they entail can be found within the Community Payback Order: practice guidance.

CPOs can be made for a period of between 6 months and 3 years, with the exception of where a CPO consists solely of an unpaid work or other activity requirement. In these instances, the specified number of unpaid work hours requires to be completed within 3 months for a level 1 unpaid work requirement (for those given between 20 and 100 hours) and within 6 months for a level 2 (for those given 101-300 hours), unless a longer period is specified by the court at the point of sentence.

The power to vary CPOs under Section 5 and schedule 4 of the Coronavirus (Scotland) Act 2020 remained available during the reporting year. The continuing effect of the legislation during that period was to require that a minimum of 12 months was allowed to complete any new unpaid work or other activity requirements, temporarily replacing the normal minimum periods specified under s227L of the Criminal Procedure (Scotland) Act 1995. Each local authority has a team of highly skilled and trained workers who have responsibility for the delivery of CPOs. Where the court has imposed an unpaid work requirement alone, the responsible officer will be the unpaid work case manager. In any other form of CPO the responsible officer will be the justice social worker who will supervise the individuals subject

Assessing and Managing Risk

Public safety is paramount in the delivery of CPOs and early application of appropriate risk assessment tools informs risk and case management plans. This involves assessing the seriousness of the particular harm as well as its likelihood, and putting in place preventative actions to reduce the possibility or seriousness of harm. Justice social work professionals use a range of risk assessment tools when making risk assessments and developing case management plans, the most commonly used risk management tools are:

If you’d like more detail on these risk assessments, you can access the CPO report from 2021/2022 which goes into further detail here.  

Multi-agency public protection arrangements (MAPPA) are critical for risk management to ensure that the risk posed by those convicted of violent and sexual offences is managed appropriately.  For individuals subject to both CPO supervision and MAPPA, the social worker will fulfil the role of lead agency. Effective information sharing between agencies is a critical part of the assessment and management of risk. Information from third sector providers is particularly sought where they are supporting the victim(s).

Progress continues on developing the successor to the ViSOR system, known as the Multi-Agency Public Protection System “MAPPS.” Spearheaded by the Home Office, this project entails reassessing information sharing protocols within MAPPA to ensure alignment with its objectives. The projects aims to retain the benefits of effective partnership collaboration while meeting the demands of the new system. However, the returns from this reporting year have expressed some concern from partners that sharing protocols between police and non vetted staff may diminish the good partnership working. In addition to this, the returns indicate continued difficulties in securing relevant health information from GPs for people completing unpaid work.

Supervision – What is a Supervision Requirement?

One way risk is managed is through a supervision requirement. A supervision requirement aims to change the way the person thinks and behaves by compelling them to attend regular appointments with a justice social worker. Justice social workers are professionally qualified and have the required expertise to understand the causes of crime and to deploy person centred actions which reduce further offending. They use a rigorous evidence base and are required to keep up to date through continuous professional development.

Supervision involves motivating and supporting the person to desist from further offending, preparing and implementing their case management plan, reviewing progress, organising levels and types of contact and resources to support the interventions, and supporting the person to achieve the intended outcome of each intervention. These are required by national standards.

A supervision requirement is mandatory when a CPO is imposed on an individual under 18 years old, where the court imposes any requirement other than an unpaid work or other activity requirement, or where the court imposes two or more requirements. 

Where the order contains a supervision requirement, the responsible officer will be a suitably qualified and registered social worker. Whilst accountability in such situations rest with the responsible officer, non-social work qualified staff may, where appropriate, undertake work with the individual as part of the order.

The responsible officer has two key roles in supervision:

Benefits of a Supervision Requirement:

The assessment, identification and response to an individual’s risks and needs are essential components of rehabilitation. People subject to CPOs often face simultaneous challenges in a number of areas including financial, substance misuse, housing and health. Research shows that community sentences are more effective in reducing reoffending than short-term prison sentences and may provide greater opportunity for rehabilitation.

Attending to risks and needs as early in a CPO as possible enables individuals to concentrate on offence focused work and bespoke programmes of work that are responsive to the risks and needs of the individual.

Data related to the Supervision Requirement:

In 2022-23, there were 9,882 orders which contained a supervision element. This accounted for around 67% of all CPOs. For the first time since 2019-20, there were slightly less CPOs issued with supervision requirement than unpaid work (68%). This  likely reflects the reduced Covid-related restrictions meaning it was easier for unpaid work to be delivered.

Examples of Supervision in Practice:

Whilst an individual may be subject to a specific programme requirement as mandated by court (see below), not all individuals will require or be eligible for an intensive programme. However, people under supervision will engage in offence focused work to address the risk of further offending. The specific focus/material/approach will likely vary by local authority and will be tailored to the individual involved. The returns show that social workers providing supervision recognise the need to address multiple factors such as public protection, rehabilitation, social inclusion, poverty, restitution, recidivism and the impact on service users, families, victims, and the community.

Examples of the type of work included as part of a supervision requirement include supporting people to address the following risks and needs:  

Equally important is the effort which has been made to support individuals to address the underlying factors which contribute to offending. By focusing on both need and risk, justice services have worked together to provide holistic support to individuals and help them work on things which will build their social and human capital which is of paramount importance for rehabilitation and desistance from offending.

The returns highlight the importance of individualised case management plans, gender responsive and trauma responsive approaches, and relationship-based case management. Involving individuals subject to a CPO in the plan was also described as an effective way to encourage engagement and enable them and their supervising officers to set goals and monitor progress.

Conduct – What is a Conduct Requirement?

A conduct requirement requires the individual to do, or refrain from doing, something which is specified in the requirement. This might include restrictions on visiting a particular place or refraining from contact with a given person/group of people. For internet offences, a conduct requirement may be imposed to place restrictions on internet access and limit access to internet enabled devices.

Conduct requirements exist specifically to fill ‘gaps’ left by other requirements, and must not be imposed where another requirement could meet the same objective, e.g. a conduct requirement for attending a drug treatment programme where a drug treatment requirement could be used here instead.

Benefits of a Conduct Requirement:

Conduct requirements provide the Court with additional flexibility to impose requirements on an individual to do or refrain from doing specific actions to promote good behaviour and prevent further offending. A conduct requirement provides Justice Social Work with more robust monitoring opportunities and the ability to return an Order to Court if specific requirements are not being adhered to.

Data related to the Conduct Requirement:

In 2022-23, there were 1,689 CPOs issued with a conduct requirement. The proportion of orders with conduct requirements rose each year between 2015-16 and 2021-22, from 6 per cent to 13 per cent but fell slightly to 12 per cent in 2022-23.

Examples of Conduct Requirements in Practice:

As seen on the returns template referenced in the appendix of the report, areas were not specifically asked about conduct requirements for returns for 2022/2023, Therefore, there are no examples to draw on for this report.

Compensation Requirement – What is a compensations requirement?

A compensation requirement, as part of a CPO, mandates that the individual responsible for an offense must provide compensation for any harm, loss, damage, or other consequences resulting from their actions.

Compensation can be paid either by means of a lump sum or by instalments and should be paid directly to the court.

The compensation must be paid within 18 months from the date the requirement was imposed. If the offender supervision requirement lasts for a shorter period (e.g., less than 18 months), the total sum must be paid at least two months before the end of the supervision period. For instance, if the supervision requirement lasts for 12 months, the compensation must be paid in full by the end of the 10-month period.

The responsible officer, typically a justice social worker, oversees compensation payments. They liaise with the court and require the individual to provide receipts as proof of payment. If the individual fails to pay the required compensation within the specified timeframe, the responsible officer notifies the court through a breach report.

Benefits of a Compensation Requirement:

Compensation Requirements hold offenders accountable for their actions. Knowing that they will be required to compensate victims or cover damages can often serve as an effective deterrent against future offending behaviour. Furthermore, victims often feel a sense of justice and closure when offenders are required to compensate them for losses or damages. It acknowledges the harm experienced by victims and can provide a tangible form of justice.

Data related to Compensation Requirement:

Nationally, there were 442 Compensation Requirements issues for the year 2022/23.

Examples of Compensation Requirement:

As per the returns template referenced in the appendix of the report, local areas were not specifically asked about Compensation Requirements, therefore there are no examples for this report.

Programmes – What is a Programme Requirement?

To be included as a requirement, a programme must meet the legal definition: “a course of other planned set of activities, taking place over a period of time, and provided to individuals or groups of individuals for the purpose of addressing offending behavioural needs”. This includes accredited and non-accredited programmes. Official accreditation for programmes at national level is provided by the Scottish Advisory Panel on Offender Rehabilitation.

A supervision requirement will always be imposed alongside a programme requirement. As part of this, the supervising officer will work closely, communicate with, and participate in reviews with the programme providers to ensure that:

In 2023, the only accredited programme available for use in the community was the Caledonian System which is used to address instances of domestic abuse perpetrated by men against their female partners or former partners. The Caledonian system is an integrated approach to addressing domestic abuse and includes a men’s programme, and supportive services for women and children.

The systems approach within the Caledonian program means that men’s abusive behaviour is not targeted in isolation. The system offers emotional and practical support to women, advice on safety planning, risk assessment and advocacy. In addition to this, the children’s service ensures the rights of all children are upheld.

The men’s programme is a two-year behaviour change programme delivered by highly skilled case managers and group workers. An evaluation of the programme indicated that men who completed the programme posed a lower risk to partners, children and others by the end of the programme.

Moving Forward Making Changes (MFMC) is a behavioural programme designed to provide treatment for men who commit sexual offences or offences with a sexual element. Sessions are focussed on helping participants re-evaluate their life goals and develop skills to achieve those goals without harming others. This course was previously accredited but has been undergoing revision into a new programme entitled Moving Forward 2 Change (MF2C). During 2022-23, the revised programme was piloted in two custodial units, and three community sites in Scotland.   

Benefits of a Programme Requirement:

A programme requirement allows an individual to engage in specific offence related programmes to address their risk of offending. These programmes are evidence based and delivered by specially trained workers.

The delivery of accredited programmes allows highly trained professionals to work with an individual to challenge and change knowledge, beliefs, and behaviours which ultimately lowers their risk of further offending.

Data related to Programme Requirements:

In 2022-23, there were 1,010 CPOs issued with a programme requirement. The proportion of orders with a programme requirement rose from five per cent in 2015-16 to eight per cent in 2021- 22, before falling to seven per cent in 2022-23.

In contrast to the generally consistent Caledonian requests observed between 2021/2022 and 2022/2023, accounting for 58% of the total, one local area experienced a 300% surge in Caledonian cases during this timeframe, while another reported a doubling of Caledonian referrals. Both local areas underscored the substantial strain placed on the service due to these developments. Other areas also highlighted the challenge of delivering the Caledonian system due to funding constraints. The practicalities of this mean that some areas report that they do not have the adequate resources to meet demand and are as a result restricting the number of individuals put forward. Furthermore, there was some concern from areas that reallocating monies from other budget streams to the delivery of the Caledonian system may have unintended consequences for other important services and functions.

Examples of Programme Requirements in Practice:

Not all local authority areas in Scotland have access to the Caledonian System. Some areas have invested in alternative approaches, such as the UP2U domestic abuse behaviour change programme to fulfil CPO programme requirements where the person has been convicted of a domestic abuse offence and is subject to social work supervision.

Some local authorities highlight that “Caledonian training has a broader influence on the way in which social workers practice in terms of both practical and psychological strategies” which is of benefit to a wide range of individuals subject to supervision requirements.  

Tackling domestic abuse remains a priority for many areas and some areas have highlighted the need to develop alternative options for early intervention and for individual who are not eligible for the Caledonian system.

In one area, the Caledonian has been piloted for use with those subject to a CPO without programme requirements. Exceptional partnership working within and across local authorities was identified as critical for this pilot with the intention being to provide early intervention which prevents escalation and further harm.   

Other areas have also highlighted the need for close partnerships with other organisations in the public protection sphere, accessing resources from the Safe and Together model of interventions to ensure risk is managed and that safety planning remains central to the approach.  

For men who do not reach the threshold for the imposition of a MFMC programme requirement as part of their CPO, some local authority areas offer interventions which are delivered as part of CPO supervision, with treatment needs overseen jointly by the supervising social worker and forensic mental health professionals.

Residence Requirement – What is a Residence Requirement?

A residence requirement is a court order which requires the individual to reside within designated accommodation. Where the accommodation is a hostel or institution, the residence must be approved and recommended to the court as a suitable place for the individual to reside. Where the accommodation is required to be funded, the funding  should be identified and agreed in advance in accordance to the procedure of the local authority. If the residence is that of a family member, the CJSWR may want to assess if the residence requirement will have a negative impact on any of the other residents living at that address.

Benefits of a Residence Requirement:

Many individuals made subject to a CPO may lack settled accommodation and require support in securing suitable accommodation to help stabilise their lives which in turn can often help their ability to engage with a period of intervention aimed at reducing chances of reoffending. A small proportion of people may pose a greater risk of being supervised within a community setting and, in these circumstances, CJSWR may recommend to the court that a residence requirement be issues as part of the CPO. However this should only be made after prior consultation on the feasibility of arranging suitable accommodation, supervision and support within the community setting. The benefits from a court perspective is that a residence requirement often provides reassurance that the individual is living in a more stable environment and access to appropriate guidance and assistance which address the root problems which often contribute to their offending behaviour.

Data related to Residence Requirements:

Across the board, local authorities issued a total of 7 residence requirements for the 2022/23 period. Notably, one local authority accounted for 4 out of the 7 requirements, while the other 3 were distributed among different areas. These numbers highlight the rarity of this requirement being utilised in local areas.

Examples of Residence Requirements:

Again, as per the returns template, local areas were not asked about residence requirements, therefore there are no examples for this report.

Treatment Requirements: Mental Health, Drugs, and Alcohol – What is a Treatment Requirement?

A court mandated treatment requirement can be made so that a person who has been diagnosed with a mental health condition or who has a drug or alcohol problem that plays a role in their offending, can receive support and treatment. This can include staying in hospital or attending medical clinics. It can also include getting counselling or any other treatment put forward by a doctor.

Benefits of Treatment Requirements:

Poor mental health and drug and alcohol problems can significantly impact on an individuals’ ability to comply with a community payback order and can increase the risk of further offending behaviour. Including a treatment requirement as part of an order means the individual is required to address these problems.  

Data related to Treatment Requirements:

In 2022-23, there were 122 alcohol treatment requirements, 117 drug treatment requirements, and 24 mental health treatment requirements. The proportion of CPOs with these requirements was  slightly lower than the previous year.

Examples of Treatment Requirements in Practice:

As shown in the data, treatment requirements are very rarely utilised in practice. However, the nature of supervision requirements mean that if an individual presents with a treatment need, the supervising officer can support the individual to access treatment through appropriate referrals. Indeed, many of the returns highlighted that support to manage poor mental health and/or drug and alcohol problems is usually provided as part of supervision or through signposting and referral to universal services.

In supporting people subject to CPO who have a substance use issue. Recovery communities for example, offer recovery support, meaningful activities, social interaction, and health and wellbeing activities to help individuals in their desistance.

Some local authority areas have secured funding through the Corra foundation to support people experiencing serious drug and alcohol misuse problems that are linked with their offending. Collaboration with residential rehabilitation services to assist in addressing offending behaviour and support to transition back into the community following their period of rehabilitation is also evident.

Restricted Movement Requirement – What is a Restricted Movement Requirement?

A restricted movement requirement with the ability to electronically monitor compliance from the onset of disposal was introduced on the 17^th of May 2022. It is used alongside electronic monitoring to prevent an individual leaving or entering a specific address during certain hours for the duration of the order (which can be up to 12 months). 

Benefits of a Restricted Movement Requirement:

A restricted movement requirement can be used to strengthen and complement a person-centred package of support and monitoring tailored to the individual’s needs, risks, and circumstances. A restricted movement requirement will always be used in conjunction with supervision and ensures that people can be safely managed within their communities.

Data related to a Restricted Movement Requirement:

Around one per cent of orders in 2022-23 (141) were issued with a restricted movement requirement.

Examples of a Restricted Movement Requirement in Practice:

There were no specific examples of restricted movement requirements within the returns.

Addressing Complex Needs

As highlighted previously within the report, individuals subject to a CPO often have additional needs, many of which play a role in offending behaviours, so it is imperative that local authority social work departments have collaborative arrangements in place to best support them. Such arrangements are also essential for proportionate and effective risk management.

Many of the returns state that there has been an increase in demand for services to meet the complex needs of individuals and there is evidence of good and innovative practice being used to address needs and support people through their orders. Co-location of services, joint working, and multi-disciplinary teams including specialist practitioners and organisations, were regarded as critical for supporting individuals with complex needs. However, challenges remain in regards to timely access to services, particularly mental health services and services which can support those with a dual diagnoses of mental health problems and addiction.

In addition, some returns suggest that there remains inconsistency and fragmentation in relation to availability and access to the range of services needed to address the underlying needs of many in the justice system. This is primarily due to gaps in relation to universal and specialist service provision. Evidence suggest that this is particularly prevalent in relation to housing, community and residential rehabilitation services, mental health and forensic services and specialist services that support individuals with communication support needs and/or other disabilities/neurodivergences.

Despite challenging operating environments, the returns highlighted the vast amount of time and effort social workers give to providing individualised support to ensure those on CPOs have every chance to complete their orders. Evidence showed the importance of tailoring their approach to the individual, advocating on their behalf, and supporting them with their varied and complex needs.

Communication between local Sheriffs and community justice partners is crucial in decision making and the ability to effectively deliver CPOs. A shared understanding of service availability and delivery processes will lead to greater confidence in community sentencing and better outcomes for individuals.

Case Study of an Individuals Experience of Supervision: An Example from the Returns

Case Study 1:

Ms F has been involved with the Criminal Justice system for almost 13 years. She presents as having multiple complex needs including previous trauma, severe anxiety, depression, drug use and mobility issues. She has been the subject of numerous periods of supervision with few positive outcomes identified, largely due to barriers she put up to hinder progress. Following an episode of further offending while on a CPO a review was held to discuss options. Ms F presented as very anxious and isolated. At that time, she had isolated herself in her house. It appeared that the only time she demonstrated confidence was when under the influence of alcohol but that this, in turn, led to further offending. Ms F highlighted that she would like to have the confidence to get out and meet new people but didn’t know how. It was agreed to utilise the skill of one of the Service’s experienced justice support workers to offer some community support and mentoring. The support worker met with Ms F at her home and later at community cafes and kept in contact with her by telephone and text. Through that relationship, Ms F eventually felt resilient enough to join a local befriending group which the support worker arranged and accompanied her to before withdrawing once Ms F felt comfortable in the group. While Ms F remains involved with statutory Justice services she has, as a result of this work, shown much improved levels of engagement with both statutory and voluntary services and there are no reports of new offences being committed

What is Unpaid Work?

Unpaid work and ‘other activity’ is one of the requirements that can be attached to a community payback order. An individual can be given between 20 and 300 hours of unpaid work, of which 30% of the hours (to a maximum of 30 hours) can be made up of ‘other activities’.

Benefits of Unpaid Work:

The main purpose of unpaid work is to repair harm caused by offending behaviours. Reparation through unpaid work can benefit both the individual undertaking it and the communities in which it is being undertaken. Unpaid work can help people strengthen relationships with others in the community and can also be used to help improve skills and employability of an individual. To that end, unpaid work placements should be purposeful, have clear tangible benefits to the community, and be meaningful to the individual involved.

The main objectives of an unpaid work requirement, as set out in the CPO practice guidance, are:

Data related to Unpaid Work:

Since its inception in 2011, over 10.6 million hours of unpaid work has been completed. In 2022-23, around 68% of all CPOs contained an unpaid work requirement. The average number of hours given as part of an unpaid work requirement has risen from 127 hours in 2018-19 to 131 hours in 2022-23. 

The issuance of orders during 2020-21 and 2021-22 was notably influenced by the COVID-19 pandemic. The suspension of face-to-face delivery of unpaid work during certain periods posed significant challenges that courts had to navigate. Moreover, the nature of cases brought before the courts amidst the pandemic, along with the unique circumstances of the individuals involved, likely factored into the decision-making process regarding the types of orders issued.

Examples of Unpaid Work:

Unpaid work placements fall into two main categories: those offered and supervised internally within unpaid work schemes and those offered and supervised by external organisations and agencies (these are also known as individual or personal placements).

The nature of unpaid work varies in relation to local need as well as the capabilities of the individuals completing unpaid work hours. Local authorities have a statutory responsibility, each year, to consult community organisations about the nature of unpaid work to be undertaken by individuals subject to CPOs. It is the responsibility of justice social work staff to identify and arrange the nature of the other activity to be undertaken.

It is evident from the returns that a lot of work goes into identifying appropriate unpaid work opportunities which will have the maximum benefit for the communities in which they are being undertaken. Although there are lots of variations on the specific work being carried out, the following table provides a snapshot of some of the work going on across Scotland. 

Individual placements were also available in most local authority areas and although they too varied, they were commonly completed within local charity shops, recycling centres and community organisations. Placements can allow participants to contribute and build new healthy relationships with staff and volunteers. Organisations which support placements welcome the additional resources and participants value working with members of the wider community. It was noted in some returns that since Covid-19, there have been reduced opportunities for individual placements and many areas are working closely with organisations in their area to re-establish these.

Important to note, there were a few areas who spoke explicitly of adapting their offerings and approach in order to be responsive to the individuals on unpaid work and ensure they provided the right level of support to help them complete their community payback order as illustrated in the following example:

Case Studies of an Individuals Experience of Unpaid Work: Examples from the Returns

Case Study 1:

Mr G received a CPO with Supervision and Unpaid Work requirements following conviction for driving matters. He had historical convictions for serious offending that he was deeply ashamed of, and this made him very anxious about involvement with the Justice Social Work Service, and unpaid work in particular, as he was frightened his past would be discovered. Following a robust risk assessment and discussion with his allocated Social Worker a suitable personal placement was identified. This provided him with the anonymity he desired within a safe environment and gave him a focus for rehabilitation. Mr G quickly established himself within the placement community which led to opportunities for him to become involved in other areas of the project on a voluntary basis. This offers long term benefits for him by giving him access to a new network of positive peers and meaningful community engagement.

Case Study 2:

D received 200 hours of Unpaid Work and lost his paid employment due to his conviction. D’s partner was pregnant, and he hoped to have his hours completed and be back in paid employment prior to the baby arriving. D’s attendance at Unpaid Work was excellent and he engaged with the Employability Service which resulted in him obtaining his Construction Skills Certification Scheme (CSCS) card. D’s hours were completed within 3 months of getting the Order; he gained full-time paid employment on a building site using the CSCS card and the skills he was able to build whilst attending Unpaid Work. D reported more confidence advising that completing a period of Unpaid Work was beneficial not only to himself, but to the local community.

What is ‘Other Activity’?

An unpaid work requirement provides the opportunity, within certain prescribed limits, for an individual to undertake other rehabilitative activities to promote desistance. Other activity must not exceed 30% of the specified number of hours in the requirement, or 30 hours, whichever is the lower.

Benefits of ‘Other Activity’:

Although mandatory supervision and other requirements are essential for individuals with acute needs, “other activities” can equip individuals with essential tools for fostering stability, establishing routines, and cultivating skills necessary for a life free from crime, suicide, and drug-related deaths. For instance, “other activities” facilitate connections to support services tailored to evolving needs, such as homelessness support, substance abuse treatment, and mental health services.

Data related to ‘Other Activity’:

It is not possible to disentangle the data on unpaid work and other activity.

Examples of ‘Other Activity’:

‘Other activity’ provides the opportunity to undertake rehabilitative activities which support the person to stop offending and build their human and social capital. Examples include; alcohol or drug education, parenting programmes, interpersonal skills training, personal development or confidence building, literacy and numeracy tutoring, victim awareness, careers advice and opportunities to engage in activities to improve employment prospects. Educational packs using blended learning methods are a common feature of other activity, often supported by the third sector.

Similar to the previous reporting year, many areas continued to utilise the CPO Connect platform during the reporting year. Delivered by the Wise Group, it offers a secure and flexible way to complete individual or group facilitated learning. Several areas report supporting individuals to make use of OpenLearn from the Open University. Other areas report partnership arrangements with local community learning and development services.

Local authority areas continue to face challenges in relation to the social work workforce and based on the returns, recruitment and retention of experienced staff was identified as one of the most prominent and acute challenges facing local authorities in relation to the delivery of CPOs.

The current financial climate was also identified as a significant challenge and one which exacerbated recruitment difficulties. It was indicated in several returns that the current funding model was not sufficient to deliver core staffing requirements and many local authorities reported that they had to rely on COVID-19 consequential funding to cover necessary posts. Whilst this temporary funding option was appreciated, it was not without its own problems as highlighted in a number of returns.

Some local authorities also highlighted challenges in recruitment due to variations in pay structure across agencies and local authority areas, and this issue seemed to be particularly compounded for those in remote and rural areas.

Additional challenges impacting on the capacity to deliver high quality and timely intervention were noted and included increasing numbers of court reports requests (15% increase in court reports submitted from the previous year), increasing levels of complexity in the case loads and individuals under supervision, and changing IT systems and requisite training implications. 

In addition to staffing constraints, increased demand for court reports and services, and increasing complexity of cases and needs of those subject to orders, the returns suggest that IT and system changes is also adding to the burden. For example, a number of returns noted a change to reporting templates, IT systems, and made reference to the ongoing issues as a result of IT errors related to LS/CMI. As a result of these issues, local authority areas report that case management planning has taking longer as they adjust and embed the new technology.

Should you have any queries in relation to this report please contact:

Community Justice Scotland R1 Spur Saughton House Edinburgh EH11 3XD

info@communityjustice.scot

10 August 2023

To: Chief Social Work Officers and Justice Social Work Managers

Dear Colleagues,

Community Payback Order: Annual Reporting 2022-23, Template for returns

Please find attached a template to capture details about your local authority’s delivery of Community Payback Orders (CPOs) in the period 1 April 2022 to 31 March 2023. We would be grateful if you would complete and return the template by 27 October, as detailed below. This is part of annual reporting requirements.

As you will be aware, local authorities’ reports are subject to potential release under the Freedom of Information (Scotland) Act 2002. We therefore ask that no personal or sensitive data, or any information that could lead to the identification of a person (other than the author or counter-signatory), be included in your report.

The Scottish Ministers may issue directions^[1] to local authorities about the content of their reports, and local authorities must comply with any such directions. This letter and template constitute ‘directions’.

Submission and timing

The completed template should be sent to Community Justice Scotland (CJS) by the Chief Social Work Officer by 27 October 2023. If this date is problematic, please discuss alternative submission arrangements directly with CJS, as it collates the summary report.

Please submit the report by email to info@communityjustice.scot and copy to the Scottish Government at Rachel.Olivari@gov.scot.

It would be helpful if you could rename the document to include your Local Authority’s name, i.e. ‘CPO Annual Report 2022-23 Local Authority’.

Duty to complete report – background

The requirement for ‘annual reports on community payback orders’ is outlined in section 227ZM of the Criminal Procedure (Scotland) Act 1995 (the 1995 Act).

Each local authority must, as soon as practicable after the end of each reporting year, prepare a report on the operation of CPOs within their area during that reporting year, and send a copy of the report to CJS. The “reporting year” means a year ending with 31 March.

Preparation of overall summary report by Community Justice Scotland

Once all the CPO annual reports are received, CJS will prepare a summary report, to be published online. The summary report will be laid in Parliament by 31 March 2024 in accordance with the 1995 Act. You will be updated by CJS about when the Summary report will be laid and published, close to 31 March 2024.

After that date, local authorities can make separate arrangements to publish their local annual CPO reports in full, although there is no statutory requirement to do so. However, publication, or sharing any of the contents, should not take place in advance of 31 March 2024.

Provision of statistical information

In addition to the direction above, we ask that local authorities also continue to provide statistics on the operation of CPOs to Scottish Government Justice Analytical Services, in the usual way.

I would be grateful if you could confirm receipt of this email by return.  If you believe you have received this email in error, please let me know.

Do let us know if you have any questions.

Kind regards,

COMMUNITY PAYBACK ANNUAL REPORT