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

[name removed] made this Freedom of Information request to North Ayrshire 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.

North Ayrshire Council did not have the information requested.

Dear North Ayrshire 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]

North Ayrshire Council

Dear [name removed]

Thank you for your correspondence which was received by North Ayrshire
Council, requesting information.

North Ayrshire Council acknowledges receipt of your request and will
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Yours sincerely

FOI Co-ordinator

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Dear [name removed] 

Thank you for your request for information which was received by North
Ayrshire Council on 24th March 2023. 

Please accept my apologies that you have not yet received the response to
your Freedom of Information request (reference as above).

 I can confirm the response has been passed to the appropriate manager for
approval and I hope to get this to you as soon as possible.

 I will ensure to keep you updated with progress.

Yours sincerely

Freedom of Information Co-ordinator

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Dear [name removed] 

Thank you for your request for information which was received by North
Ayrshire Council on 24th March 2023. 

We have now completed our research for the information and the responses
to your questions are attached. 

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Yours sincerely

Freedom of Information Co-ordinator

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necessary. **

This document should only be read by those persons to whom it is addressed
and is not intended to be relied upon by any person without subsequent
written confirmation of its contents. Accordingly, North Ayrshire Council
disclaim all responsibility and accept no liability (including in
negligence) for the consequences for any person acting, or refraining from
acting, on such information prior to the receipt by those persons of
subsequent written confirmation.

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immediately by telephone. Please also destroy and delete the message from
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message (or attachments transmitted with it) by the addressee(s) is
strictly prohibited.

Please be advised that North Ayrshire Council's incoming and outgoing
e-mail is subject to regular monitoring.

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