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  4. MSPs query criminal justice social work future in NCS

MSPs query criminal justice social work future in NCS

13th February 2023 | criminal law , government-administration | Criminal legal aid

Doubts have been cast over criminal justice social work being included in the Scottish Government’s proposed National Care Service (“NCS”).

In a report following stage 1 scrutiny of the bill to set up the NCS, Holyrood’s Criminal Justice Committee has questioned whether the inclusion is necessary, citing concerns over a lack of evidence to support the change.

Similarly to another committee’s report earlier this month on the extent of delegated powers in the bill, the MSPs highlight extensive concerns over the lack of consultation and detail in the “framework” bill, which they say makes scrutiny of the proposed changes and their implications and costs impossible.

As drafted, the bill allows ministers to carry out a statutory consultation on whether criminal justice social work services should be transferred from local government control, where they presently sit, to the NCS. It does not itself transfer the services; it permits ministers to carry out a consultation with a view to doing so. Any subsequent transfer would be achieved by secondary legislation.

The report, which bears to be unanimous, highlights concerns from key stakeholders that insufficient information has been provided by the Government to allow them to form a view on the merits of transferring criminal justice social work to a National Care Service.

The move would also represent “a major transfer of statutory responsibilities away from local authorities and to the Scottish ministers”.

While witnesses acknowledged there may be benefits to integrating criminal justice social work services within the NCS, concerns were voiced that a focus on structural changes proposed in the bill will detract from other more pressing issues facing the sector. This includes critical challenges of recruitment and retention of criminal justice social work staff and other funding issues.

Ministers have indicated to the committee that an “in principle” decision will be taken in October this year, with a final decision due in April 2024. However witnesses are anxious that the consultation process will be long enough to deliver an accurate reflection of the complex nature of the integrated services involved, and the possible significant impacts of the changes proposed. They also voiced concerns about the capacity of criminal justice social work services to fully engage in a consultation at a time when they face increasing workloads.

Committee convener Audrey Nicoll MSP commented: “Criminal justice social work and community justice play a crucial role in Scotland’s criminal justice system, yet detail of how these areas would be impacted by the creation of a National Care Service is lacking.

“The lack of information on the impact or merits of incorporating criminal justice social work into the National Care Service is concerning. The positive case for this move has not been made and so we are not convinced of its merits at this stage.

“In fact, with the other immediate challenges facing the sector, this upheaval could be to the detriment of current service provision.”

The lead committee on the bill is the Health, Social Care & Sport Committee, which has still to report. Ms Nicoll added that while her committee had no more formal role in scrutinising the bill, “we would welcome the opportunity to scrutinise further any potential changes to justice social work services”.

Read the report here.

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