Statutory powers and legislation for Joint Investigation Teams JIT Police and Social Work

[name removed] made this Rhyddid Gwybodaeth request to East Dunbartonshire Council as part of a batch sent to 32 authorities Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Roedd y cais yn rhannol lwyddiannus.

Dear East Dunbartonshire Council,

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 out with normal working hours and the 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?

6. Does a risk assessment have to be done? 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?

Yours faithfully,
[name removed]
[name removed]

East Dunbartonshire Council

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Dear [name removed]

Please find response to your FOI enquiry along with supporting documents.

[1]https://www.gov.scot/publications/nation...

Kind Regards

Suzanne Greig

Fieldwork Service Manager (Interim)

Children and Families Service

Ext No: 8724

Tel: 0141 777 3000

Fax: 0141 777 3010

Email: [2][email address]

Web:   [3]www.eastdunbarton.gov.uk

 

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DISCLAIMER:
This email and any files transmitted with it are intended for the use
of the individual or entity to whom they are addressed. It may
contain information of a confidential or privileged nature.

If you have received this email in error please notify the originator
of the message and destroy the e-mail.

East Dunbartonshire Council can not be held responsible for
viruses, therefore please scan all attachments.

Any personal data contained in email communications with East
Dunbartonshire Council will be processed in accordance with the UK General
Data Protection Regulations ("GDPR") and all other relevant data
protection laws.

Further information detailing how East Dunbartonshire holds and
uses personal information and copies of privacy notices used throughout
the Council are available on our website
at: [4]https://www.eastdunbarton.gov.uk/council...

The Council's Data Protection Officer can be contacted at [5][email
address] or on Tel: 0300 123 4510.

The views expressed in this message are those of the sender and do
not necessarily reflect those of East Dunbartonshire Council who will
not necessarily be bound by its contents.

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