Statutory powers and legislation for Joint Investigation Teams JIT Police and Social Work
Dear East Lothian 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]
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East Lothian Council
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Our Ref: 2023/ELF7622
Dear [name removed]
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
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Yours sincerely
Kelly McCormack
Freedom of Information Team
East Lothian Council
John Muir House
Haddington
EH41 3HA
Tel: 01620 827623
Email: [4][East Lothian Council request email]
Information about East Lothian Council’s complaints procedure can be found
[5]here.
Details of your rights to requesting information from East Lothian Council
are published [6]here.
The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws. Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [7]website.
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