Probation Instruction 04 2010 - Community Compacts - for Use in the Community

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APPROVED PREMISES NATIONAL RULES & GUIDANCE FOR RESIDENTS 2011
This instruction applies to: / Reference:
Probation Trusts
Independent Management Committees / PI 02/2011
Issue Date / Effective Date / Expiry Date
18 February 2011 / 1 March 2011 / 31 March 2014
Issued on the authority of / NOMS Agency Board
For action by / All Probation Trust Contract Managers and Chairs (Independent Management Committees)
For information / Offender Managers
Probation staff working in prisons
Contact / Seán Langley, Public Protection & Mental Health Group, 020 7035 8176
Paul Douglas, Public Protection & Mental Health Group, 020 7035 0070
Associated documents / PI 09/2009 – Medication in Approved Premises
PI 04/2010 – Community Compacts
Replaces the following document which is now cancelled: Probation Circular 19/2007
Audit / monitoring:
The Director of National Services will monitor compliance with the mandatory actions set out in this Probation Instruction. Probation Trusts and Independent Management Committees must demonstrate compliance with these actions when required to do so by the Director of National Services.
Introduces amendments to the following documents:
The Rules which residents must sign on arrival and/or induction at an Approved Premises, and which apply while they are residing there.
Annexes:
Annex A – Approved Premises National Rules 2011
Annex B – Approved Premises National Rules & Guidance for Staff 2011
Annex C – Approved Premises National Rules & Guidance for Residents 2011
Annex D – Resource Impact Assessment
Annex E – Equality Impact Assessment

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CONTENTS

Section / Subject / For reference by
1.1 – 1.4 / Background / All Approved Premises managers / staff
2.1 – 2.6 / Mandatory Actions / – as above
3.1 – 3.7 / Operational Instructions / – as above
4.1 – 4.2 / Community Compacts / – as above
5.1 / ResourceImpact / – as above

Background

1.1The Approved Premises National Rules were first introduced in July 2007 following extensive consultation with all Probation Areas and independently-managed premises. They provided a set of core Rules for use in all Approved Premises, together with guidance for managers and staff on interpretation and implementation of the Rules.

1.2In December 2009, the Rules and Guidance were re-issued under PI 09/2009 (Medication in Approved Premises). In fact, only the guidance to Rule 4 was changed as it took account of the new procedures in allowing residents to manage their own healthcare and medication – but only in cases where they did not present too great a risk to do so.

1.3Since the Rules were introduced, a number of operational and legal issues have arisen. A working group led by the National Approved Premises Association has reviewed the Rules. The group involved managers from Bedfordshire, Dorset, Essex, Kent, London, Staffordshire & West Midlands and Wales Probation Trusts, and from the Society of St Vincent de Paul independently-managed premises.

1.4The Rules and guidance notes have been cleared with NOMS / Ministry of Justice legal advisers and this wording is safe in ECHR terms; there is therefore no need to alter it.

Mandatory actions

2.1 This Instruction must be circulated to all staff working in Approved Premises immediately.

2.2 All Approved Premises must replace their existing Rules with the new version on 1 March 2011. On that date, or as soon as possible thereafter, all existing residents will be required to sign the new version of the Rules. Likewise, from 1 March onwards all new residents will be required to sign the new Rules (see Annex A).

2.3 All staff working in Approved Premises must familiarise themselves with the new Rules and revised accompanying guidance for staff (Annex B) and residents (Annex C) at the earliest opportunity.

2.4 The text of the Rules (and guidance) must not be altered in any way except with regard to the following:

Hours of curfew (Rule 1): premises may extend curfew for individual residents but must not exceed 16 hours in any 24 hour period; the core curfew may be reduced in exceptional circumstances but only on a case-by-case basis, for example to allow a resident to engage in employment.

Visitors (Rule 13): it is a matter for local decision whether or not visitors to the premises are allowed and the Rules must reflect the policy, ie only one version of Rule 13 must appear in guidance, locally-produced copies for signature by residents, etc.

Supplemental Rules: the guidance for staff includes a number of possible supplemental Rules. It is a matter for local decision as to whether any (or none) of these supplemental Rules is utilised. No supplemental rule may be altered.

Additional Rules: there is scope for Trusts and IMCs to add local Rules that are enforceable. These will first have to be referred to their legal advisers and then, if they are content, to PPMHG for final approval and copied to the relevant contract manager. Any such approved Rules can then be added to the National Rules as a separate document and residents must be asked to sign both.

Other local Rules or practices that are non-enforceable (that is, not policed through the use of warnings and recall) should be incorporated into a regime document which clearly outlines the responsibilities of the offender, eg meal times.

2.5Currently, many premises send information packs or similar documents to offenders prior to acceptance and/or arrival at the premises, eg whilst offenders are in prison, and most include a copy of the Rules. From now on, any information sent to residents prior to arrival at a premises, eg as part of the referral process, must include a copy of the Rules and guidance for residents.

2.6Where necessary, premises staff must provide a translated version of the Rules and guidance for residents. Translated versions are available on EPIC at: and a Braille version can be obtained from PPMHG.

Operational instructions

3.1The Approved Premises National Rules (see Annex A) set out the Rules that all persons accommodated in Approved Premises are required to fully comply with, and to sign accordingly, as a condition of their residence at the premises. The key points that were contained in the 2007 Rules have been retained in the 2011 version.

3.2The main points to be aware of are as follows:

Rule 2: the word 'rent' has been removed; benefits claimants are now covered

Rule 6: residents are required to maintain a weekly diary of their planned activities

Rule 7: search of vehicles is now included

Rule 8: combines elements of 'old' Rules 8 & 17; health & safety issues added

Rule 9: expanded for greater clarity on designated rooms and areas

Rule 10: expanded for greater clarity on 'dangerous items'

Rule 11: this rule is now limited to 'damage' only

Rule 12: combines elements of 'old' Rules 12 & 16

Rule 13: combines elements of 'old' Rules 13 & 14 – NB there are two versions depending on whether or not the premises allows visitors (over 18)

Rule 14: this includes all forms of audio-visual, gaming and IT equipment – plus licence issues (part of 'old' Rule 15)

Rule 15: this covers discriminatory and other offensive material (part of 'old' Rule 15).

3.3The Rules and the guidance for residents have been drafted with readability in mind. To support this, they should always be reproduced in a clear, open font such as Arial, Tahoma, Verdana, etc, and at least in 12-point size.

Guidance for Staff

3.4The guidance for staff (see Annex B), incorporates:

○the Rules – to make it easier to refer to them when necessary

○a detailed introduction

○the possible supplemental Rules that premises can decide on locally

○a revised section on enforcement, and

○expanded guidance on each of the Rules.

3.5Whilst this guidance is aimed at practitioners and managers rather than residents, there is no reason why a resident cannot be allowed to see the guidance if they wish.

Guidance for Residents

3.6The guidance for residents (see Annex C) is designed to meet their particular needs and so is much briefer than the guidance for staff. Its purpose is to help offenders understand some of the less straightforward Rules and to answer some of the more obvious questions that many are bound to ask if they have not previously lived in an Approved Premises. This is particularly the case when offenders are in prison, prior to admission, and cannot discuss the Rules with probation / premises staff.

3.7When considering the merits of separate guidance, the working group felt that it would be helpful to potential residents to have some explanation of many of the Rules. It is not intended that this guidance is all-encompassing, so it will not answer every question that may arise. It should, however, deal with most queries and at the same time reduce some of the anxiety that potential residents may have prior to arrival at a premises. On arrival, staff can take the new resident through all aspects of the Rules, together with any other 'housekeeping' matters, as part of the induction process.

EPIC

3.8The Rules and Guidance documents can be found on the EPIC website at:

Community Compacts

4.1Community Compacts were introduced in March 2010 under PI 04/2010. They were developed to ensure offenders were clear about what was expected of them at the outset of their sentence and what they could expect from NOMS – and to provide NOMS staff with a template in order to achieve a more consistent approach, eg in supervision interviews.

4.2Whilst offenders subject to probation supervision are resident in Approved Premises, they will be subject to the Approved Premises National Rules and required to adhere to their Community Compact only where the latter does not clash with the Rules. Once they move on from the Approved Premises, the Compact will apply in full.

Resource Impact

5.1As the Rules are already in use at all Approved Premises, and have simply been revised, there is no impact on ongoing resources.

(signed)

Colin Allars

Director of Probation and Contracted Services

Annex A

APPROVED PREMISES RULES 2011

Introduction

I understand that I can live in the Approved Premises for a short time only. I will not be able to live there permanently and I will live there as a resident – but not as a tenant.

I agree to share any relevant information with the Approved Premises staff, the Benefits Agency and the GP Practice.

I agree to being photographed so that I can be identified when I arrive at the Approved Premises and as and when necessary after that.

I understand that staff will tell the police about any offence committed by, or suspected of being committed by, residents of the Premises, regardless of whether the offence was committed in the building, in the grounds or somewhere else.

I understand that while I live in an Approved Premises, these Rules come first, and before my Community Compact.

Rules

1I must stay in the building during curfew hours, which are 11pm to 6am, and obey any extra curfew and other conditions set by the Court or set out in my Licence. I must obey any extra curfews and I agree to stay in my own room when Approved Premises Managers ask me to.

2I must pay the Approved Premises maintenance charges. If I am claiming benefits I must make a claim for benefit in the morning on the first day after I start living at the Premises. I must also provide proof that I have done this.

3I must take a drug or alcohol test if staff ask me to.

4I must give all my medicine and drugs to staff, and take my medicine as prescribed by my doctor.

5I must see a doctor, nurse or other health worker if staff have good reason to think I need to.

6I must take part in the Approved Premises programme, including any group or individual activities that form part of my personal sentence or supervision plan. I must write a weekly diary about my planned activities and where I have been.

7I must let staff search my room and personal things – including my vehicle if it is parked in the grounds of the Approved Premises.

8I must pay attention to my personal cleanliness and keep my room clean and tidy for health and safety reasons. I must also agree to reasonable requests from staff, which may include activities related to the running and upkeep of the Approved Premises, such as household jobs. I must obey all Health and Safety measures in the Premises.

9I must not smoke in the building, except in my own smoking bedroom, if one is available. I may smoke outside the Approved Premises – in the grounds – but only in the area set aside for smokers, if there is one.

10I must not bring into the Premises – including the grounds – or carry on me any weapons, alcohol, illegal drugs or drugs paraphernalia, or solvents or other items that could be dangerous. Some solvents and other dangerous items may be allowed, in special cases, if the Approved Premises Managers agree.

11I must not damage or try to damage anything that belongs to the Approved Premises, its staff, contractors, visitors or other residents.

12At all times, I must behave in a way that is not violent, threatening, disruptive, racist, sexist or in any way offensive or prejudiced. I must not do anything that may disgrace the Approved Premises, its staff or other residents. I must not attract harmful attention to the Premises or do anything that could reasonably be regarded as a nuisance to the neighbours. I must not endanger the health and safety of staff, other residents, local neighbours, or members of the public.

13I must not bring anyone under the age of 18 into the Premises – including the grounds – at any time. I must not bring visitors aged 18 or over into the Premises – including the grounds – without the permission of staff. Visitors are allowed only in certain parts of the Premises. If I am allowed visitors, I must ensure that they stay in those parts at all times and that they leave by the time my curfew begins, or earlier if staff ask it.

[VISITORS ARE ALLOWED]

OR:

I must not bring anyone into the Premises at any time.

[VISITORS NOT ALLOWED]

14I must not bring in to the Premises any electrical, electronic or photographic item, unless the Approved Premises Managers allow it. If any such item can receive live TV broadcasts, I must have a valid licence. I must make sure that any electrical item I have has a valid portable appliance test (PAT) certificate where necessary.

15I must not:

bring in to, display in, share or produce in any format in the Approved Premises materials that may be considered offensive, prejudiced or anti-social
photograph, film or video any member of staff, resident, visitor, or any person near the Premises
use any equipment to record conversations or meetings that take place in the Premises, without the permission of the people concerned.

Resident's Responsibility

I have read – or had read to me – these Rules. I understand and agree to abide by them. I am aware that if I do not obey these Rules, that will be taken into account in assessing whether I should still be allowed to live in the Approved Premises, and it may result in withdrawal of my place, return to Court, or recall to prison.

Resident's signature: ...... Date: DD/MM/YYYY

BLOCK CAPITALS: ......

Member of staff's signature: ...... Date: DD/MM/YYYY

BLOCK CAPITALS: ......

Annex B

APPROVED PREMISES RULES 2011 &GUIDANCE FOR STAFF

Introduction

It should be borne in mind that all residents have the right to be treated fairly and without prejudice or discrimination, whatever their age, disability, ethnic group, gender, race, religion, sexuality or previous offences.

During induction, it should be clearly explained to each resident what is expected of them:

to undertake training towards gaining employment

to attend programmes or specialist workshops whilst residing at the AP

to access resources to better their chances of a successful move-on

to engage in purposeful activity each week – the amount of which is to be set by AP staff and/or the Offender Manager.

If the resident does not speak or understand English proficiently, the assistance of an interpreter should be obtained and the relevant translation of the rules and guidance for residents used. Similarly, if they have any trouble reading or writing, AP staff are required to assist them to fully understand the Rules or to identify a suitable person to help them do so.

AP safety and security measures must be explained clearly to every resident, even if they have been resident in an AP previously, together with what is expected from them in terms of helping to keep the premises safe and secure, for example emergency and fire procedures, CCTV and alarms, etc.

Staff undertaking induction are required to enable every resident to receive medical advice and treatment, including any help they may need with problems concerning drugs, alcohol and/or mental health (including self-harm).

If a copy of the AP Rules is sent to a potential resident prior to arrival at the premises, eg in prison, as part of info pack etc, it must be accompanied by the Rules & Guidance for Residents.

Residents are likely to have signed up to a Community Compact with their Offender Manager. It must be made clear that whilst they are resident at an AP, the Rules take precedence over such Compacts.

The text of the Rules and Guidance for Residents should always be produced in an open, clear font such as Arial, Tahoma, Verdana, etc, and sized at least at 12 point.

Rules

Guidance (Rule 1):

The standard 11pm-6am curfew applies to all residents. It can be relaxed only in exceptional circumstances and with the permission of the APManagers, who may wish to consult with the Offender Manager. The most likely reason for relaxation will be where a resident holds paid employment requiring early departure or late return. In such circumstances, written proof of the employment must be provided by the resident.
The curfew hours may be extended by the APManagers, who may wish to consult with the Offender Manager, in order to manage specific, identifiable risks. The additional curfew must be necessary and proportionate to the management of those risks.
The courts have ruled that the maximum curfew that may be imposed on an offender is 16 hours in any 24 hour period. Case law holds that such cases must be the exception rather than the rule and should be for a relatively short period. An interruption of the eight non-curfew hours permitted by a 16 hr curfew should be considered extremely carefully so that any 'associated conditions' do not tip the balance into a deprivation of liberty. For example, a condition of police reporting during the non-curfew period 'eats into' the controlled person's free time. This will almost certainly be viewed by the courts as an extension of the curfew so as to breach Article 5 of the European Convention on Human Rights. Any extension of curfew beyond what applies to every resident of the AP, should be proportionate, specific to the individual resident and imposed only for as long as necessary in all the circumstances. Extended curfews must be reviewed on a regular basis and should never be imposed on all residents as part of a blanket, risk-averse policy.