IMPORTANT – PLEASE READ

Check our [1]website for previous FOI responses and how to submit future
requests.

For new requests we will respond within 20 working days.

For queries on existing requests we will contact you in due course.

Many thanks

FOI Team

Midlothian Council

References

Visible links
1. https://www.midlothian.gov.uk/foi

Reference: FOI-500721923
Date of request: 24/03/2023
Title of request: Single police investigation - VRI

Dear [name removed],

Thank you for your information request.
We aim to answer all requests within 20 working days. If you would like to
find out more about how we handle your request, please visit our
[1]privacy policies.
For more information about your rights, please visit our Freedom of
Information pages [2]here.

Kind regards,
FOI Team
Midlothian House

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The information contained in this message may be confidential or legally
privileged and is intended for the addressee only.

If you have received this message in error or there are any problems
please
notify the originator immediately.

If you are not the intended recipient you should not use, disclose,
distribute, copy, print, or rely on this e-mail.

All communication sent to or from Midlothian Council may be subject
to recording and/or monitoring in accordance with relevant legislation.

══════════════════════════════════════════════════════════════════════════

References

Visible links
1. https://www.midlothian.gov.uk/info/20028...
2. https://www.midlothian.gov.uk/info/20028...

Reference: FOI-500721923
Date of request: 24/03/2023
Title of request: Single police investigation - VRI
Information request:

Dear Midlothian 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]

Dear [name removed],

Thank you for your information request. We have completed the necessary
search for the information you have requested. Our response is now
detailed below. 

Q1) 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.

A1) A single agency  (Police) investigation is an investigation undertaken
by police only. If agreed as part of an inter-agency referral discussion,
this investigation however could lead to a VRI if indicated as necessary.

Q2) Can you advise what a VRI is for the record?

A2) Visually Recorded Interview. This is a joint investigative interview
which is undertaken by a trained police officer and social worker and is
visually recorded.

Q3) 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?

A3) There are no statutory powers available to a council’s social services
that can impose conditions however if conditions are agreed as part of a
child protection investigation and not adhered to, in turn placing a child
at significant risk of harm, Social Services can apply to the court for an
emergency protection order which has the power to impose said conditions.
Social Services have no say in relation to what bail conditions are
imposed by police

Q4) 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?

A4) Only a court can remove a parents parental rights and responsibilities
however, as per A3, if a risk is identified to a child and emergency
protective action is needed to ensure the safety of said child, social
services can apply to a sheriff for an emergency protection order. If
granted, social services are then granted authority to impose such order
and any associated conditions.

Q5) 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?

A5) As per A3, if the situation posed significant risk to a child and
emergency powers are imposed by a sheriff, then an emergency order can
impose certain restrictions in relation to who can care for or have
contact with a child.

Q6) 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?

A6) Child protection referrals are considered under an inter-agency
referral discussion (IRD) held under the Edinburgh and Lothian Child
Protection Procedures. Police, Social Work and Health all contribute to
risk assessment and decision making within this process.

Q7)  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).

A7) The IRD is a tripartite discussion (as per above). The IRD will give
consideration to such issues e.g. whether the parent is able to give
informed consent. Social Services however cannot compel or retract any
conditions imposed by Police.

Q8) Where would that leave Social Work if the individual was acquitted of
any wrongdoing and does not pose a risk if any kind?

A8) This information and the evidence to support this would be taken into
account as part of any ongoing assessment and decision making.

Q9)   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?

A9) Within the National Child Protection Guidance 2021 (attached) sets out
the following criteria/benchmarking in relation to significant risk of
harm as;

Protecting children involves preventing harm and/or the risk of harm from
abuse or neglect. Child protection investigation is triggered when the
impact of harm is deemed to be significant.

Harm’ in this context refers to the ill treatment or the impairment of the
health or development of the child, including, for example, impairment
suffered as a result of seeing or hearing the ill treatment of another.
‘Development’ can mean physical, intellectual, emotional, social or
behavioural development. ‘Health’ can mean physical or mental health.

Forming a view on the significance of harm involves information gathering,
putting a concern in context, and analysis of the facts and circumstances.
For some actions and legal measures the test is ‘significant harm’ or risk
of significant harm. There is no legal definition of significant harm or
the distinction between harm and significant harm. The extent to which
harm is significant will relate to the severity or anticipated severity of
impact upon a child’s health and development.

It is a matter for professional judgement as to whether the degree of harm
to which the child is believed to have been subjected, is suspected of
having been subjected, or is likely to be subjected is ‘significant’.
Judgement is based on as much information as can be lawfully and
proportionately obtained about the child, his or her family and relevant
context, including observation. Assessment frameworks and tools, some of
which may be specialised, can assist professional judgement.
…….Professional judgement entails forming a view on the impact of an
accumulation of acts, events and gaps or omissions, and sometimes on the
impact of a single event. Judgement means making a decision about a
child’s needs, the capacity of parents or carers to meet those needs, and
the likelihood of harm, significant or otherwise, arising.

As per A5. As part of the IRD consideration is given to significant risk
and any necessary protective action. Social Service’s powers in respect of
emergency protective action or subsequent protective action sit under the
Children’s Hearing (Scotland) Act 2011

Q10)  Essentially Please supply your JIT policies and procedures with all
revisions from April 2017 to date?

A10) I am assuming that by JIT the person making the enquiry means Joint
Investigative Interview. The principles and expectations relating to a
joint investigative interview are set out within the National Guidance for
Child Protection 2021 and locally within our Inter-Agency Child Protection
Procedures 2015. These procedures are in the process of being updated in
line with the 2021 guidance. Workers undertaking Joint Investigative
Interviews are required to successfully complete specialist training in
this area.

Midlothian Council’s Complaints Procedure under the FOISA:

An applicant who is dissatisfied with the way in which Midlothian Council
has dealt with his/her request for information under Section 1(1) of the
FOISA may, by virtue of Section 20 of the FOISA, require Midlothian
Council to review its actions and decisions in relation to that request.

If you wish Midlothian Council to review its actions and decisions with
respect to your request for information, you should write to the Director
or other official whose name is printed at the top of this letter.
Alternatively, you could send an e-mail to [Midlothian Council request
email] That official will arrange for your application for review to be
considered. Thereafter he will write to you informing you of the decision
by not later than twenty working days after receipt of your request
requiring that a review be made. By virtue of Section 21 of the FOISA, you
will be provided with a statement of reasons for arriving at the decision
made.

Please note that any such request for review must reach Midlothian Council
by no later than 40 working days after the time allowed for complying with
your original request.

Requests for review must be in writing (or in another form which has some
permanency and is capable of being used for subsequent reference eg
audio/video tape recording). You must:-

• state your name and address for correspondence;
• give details of the information which you originally requested from
Midlothian Council; and
• state the reason(s) why you are dissatisfied with the way in which
your application for information has been dealt with. 

Your Right to Complain to the Scottish Information Commissioner:

Under Section 47 of the FOISA, a person who is dissatisfied with the
outcome of their request for review by the Council may apply to the
Scottish Information Commissioner to determine whether their request (or
any part of it) has been properly dealt with.

An application to the Scottish Information Commissioner must be made
within six months of receipt of the notice advising of the outcome of the
Council’s review. The application can be made on line following this link
online application. Alternatively the application can be made in writing
(or in another form having some permanency eg audio/video tape recording)
The applicant must specify:-

 a. his/her name and address for correspondence;
 b. the request for information to which the requirement for review by
Midlothian Council related;
 c. the matter which gave rise to the applicant’s dissatisfaction with the
way in which Midlothian Council dealt with their original request; and
 d. the matter which gives rise to the applicant’s dissatisfaction
relating to the review by Midlothian Council.

You also have the subsequent right of appeal to the Court of Session, on a
point of law only, if dissatisfied with a decision issued by the
Commissioner

The Scottish Information Commissioner can be contacted at:-

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone – 01334 464610
Email – [email address]

Kind regards,
FOI Team
Midlothian House

══════════════════════════════════════════════════════════════════════════

The information contained in this message may be confidential or legally
privileged and is intended for the addressee only.

If you have received this message in error or there are any problems
please
notify the originator immediately.

If you are not the intended recipient you should not use, disclose,
distribute, copy, print, or reply on this e-mail.

All communication sent to or from Midlothian Council may be subject
to recording and/or monitoring in accordance with relevant legislation.

══════════════════════════════════════════════════════════════════════════