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

[name removed] made this Freedom of Information request to Glasgow City Council as part of a batch sent to 32 authorities This request has been closed to new correspondence. Contact us if you think it should be reopened.

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

Dear Glasgow City 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]

Customer Care Centre, Glasgow City Council

New Service Request was submitted: RQST00007983676
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SW_FOI (Social Work), Glasgow City Council

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OFFICIAL - SENSITIVE: Personal Data

Dear [name removed],

Please find attached a letter from me regarding your recent request for
information.

Kind Regards,

Clare McWilliams

Principal Officer

Complaints, FOI and Investigations Team
Business Development
Glasgow City Health and Social Care Partnership
Commonwealth House
32 Albion Street
Glasgow G1 1LH
Email [1][email address]

[2]www.glasgowcity.hscp.scot

[3]www.glasgow.gov.uk

[4]http://www.nhsggc.org.uk/

Please note I am currently working from home but can be available via MS
Teams

OFFICIAL - SENSITIVE: Personal Data

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Dear SW_FOI (Social Work),

My apologies, I have found out that VRI stands for Virtual Remote Interview .

JIT is Joint investigatory Team

Yours sincerely,
[name removed]
[name removed]

SW_FOI (Social Work), Glasgow City Council

OFFICIAL - SENSITIVE: Personal Data

Dear [name removed],

Thank you for your returning those clarifications.

I did also ask for clarification as to your first questions which reads as follows:

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.

As currently written, I cannot understand this aspect of your request. In reading it, I assume there has been an unintentional typographical error or omission. I would be grateful therefore if you could also please clarify this aspect of your request.

Thank you for your assistance.

Kind Regards,

Clare McWilliams
Principal Officer
Complaints, FOI and Investigations Team
Business Development
Glasgow City Health and Social Care Partnership
Commonwealth House
32 Albion Street
Glasgow G1 1LH
Email [email address]
www.glasgowcity.hscp.scot
www.glasgow.gov.uk
http://www.nhsggc.org.uk/

Please note I am currently working from home but can be available via MS Teams

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Dear SW_FOI (Social Work),

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' does this mean there is no requirement for a VRI. Virtual Remote Interview.

Yours sincerely,
[name removed]
[name removed]

SW_FOI (Social Work), Glasgow City Council

OFFICIAL - SENSITIVE: Personal Data

Dear [name removed],

Thank you for your clarification, your request now reads as follows:

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' does this mean there is no requirement for a Virtual Remote Interview (VRI).
2. Can you advise what a VRI is for the record?
3. Under what statutory powers and legislation can your Council's 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 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 policy 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 advised (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 of 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. Please supply your Joint Investigatory Team policies and procedures with all revisions from April 2017 to date.

If this is not reflective of your request please let me know. You will receive a response to your request in due course.

Kind Regards,

Clare McWilliams
Principal Officer
Complaints, FOI and Investigations Team
Business Development
Glasgow City Health and Social Care Partnership
Commonwealth House
32 Albion Street
Glasgow G1 1LH
Email [email address]
www.glasgowcity.hscp.scot
www.glasgow.gov.uk
http://www.nhsggc.org.uk/

Please note I am currently working from home but can be available via MS Teams

show quoted sections

Dear SW_FOI (Social Work),

Thank you this is fine - Yes.

Yours sincerely,
[name removed]
[name removed]

Dear SW_FOI (Social Work),

withdrawn

Yours sincerely,

[name removed]