FOI Request - Joint Investigation Teams (JIT) Police and Social Work
Request 101003283778
Per FOISA 2002, please provide me with information contained in your records as follows:
Your Joint Investigatory Team Between Police Scotland and Initially your Social Work (which may well include NHS and Education) Department will have set policies and protocols in place.
1. Should an incident occur outwith normal working hours and your Social Care Emergency Team have to deal with what is termed a ‘single agency (Police) investigation’ which means there is no requirement for a VRI.
2. Can you advise what a VRI is for the record?
3. Under what statutory Powers and legislation can your Councils Social Care Emergency Team impose Police Scotland who have attempted to release an individual on standard bail conditions compel Police Scotland to require the individual to agree to an undertaking heavier on that individual for example to add on special conditions for a parent with a full custody order for their child(ren) conditions not to approach or contact said children until they are due to appear in court to make their plea?
4. I understand that parental rights and responsibilities (PRR) can only be removed by a court order per the Children Scotland Act 1995., however for example on say evidence recorded that the individual appeared to be behaving erratic on a specific day and that there was merely ‘concerns’ not substantiated or Police Scotland the single agency investigation found finding relevant evidence of mental issues or a claim of undiagnosed anxiety, and additionally Police Scotland had not identified any mental crisis that could warrant a compulsory mental health assessment, and found it justifiable to attempt to release this individual on standard bail conditions, would that individual signing a special undertaking with separated them from their children without a court order, then by tacit or implied consent give Social work any form of authority over the children, without proper adjudication from the court?
5. Would this give Social Work authority to make decisions over the custody arrangements therefore taking custody from the parent and close a case before even the bail conditions or undertaking of bail has expired? Is this lawful without a Sheriff or judge to adjudicate?
6a) Does a risk assessment have to be done? b) And if it’s a single agency Police investigation is it not the Police that undertake that?
7. In what circumstances can social work intervene in a single agency police investigation and compel such an undertaking to be made to the individual who may not know that signing such an undertaking could mean something different to what they have been advise (if they have not secured a duty lawyer).
8. Where would that leave Social Work if the individual was acquitted of any wrongdoing and does not pose a risk if any kind?
9. Can you supply me with the statutory powers that would allow Social Work to intervene in a single agency (Police) investigation, and compel the Police to comply with your request if significant risk of harm has not been established when the words ‘appears’ to have had or the individual ‘might’ have undiagnosed anxiety? What is the benchmark for significant risk?
10. Essentially Please supply your JIT policies and procedures with all revisions from April 2017 to date?
Response 19-04-2023
1. Not held. This appears to be a statement and so the department is unsure what is being asked or how to answer this one. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
2. Not held. A VRI in this context is a Video Recorded Interview. This is not terminology we use in Moray. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
3. Where an individual is released on bail with an undertaking this is clearly defined by Police Scotland and they will set out any special conditions in relation to this. The statutory powers that social work can use are clearly defined in law, we have a duty to ensure the protection of children under the Children Scotland Act 1995.
4. It is right that only a court can agree to remove (extinguish) parental rights and responsibilities.
The statutory powers that social work can use are clearly defined in law, we have a duty to ensure the protection of children under the Children Scotland Act 1995.
Where an individual is released on bail with an undertaking this is clearly defined by Police Scotland and they will set out any special conditions in relation to this.
5. Social Work do not determine custody; this is done via the court.
6a) A risk assessment is always undertaken if needed. b) Yes
7. Social work do not compel Police Scotland to do anything.
8. Social Work have a duty to ensure the safety and welfare of the child as is defined under the Children Scotland Act 1995.
9. As per question 7 above
10. Not held. There is no JIT in Moray. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.