5. RISK ASSESSMENTS: OASYS AND IDENTIFYING...
Transcript of 5. RISK ASSESSMENTS: OASYS AND IDENTIFYING...
5. RISK ASSESSMENTS: OASYS AND IDENTIFYING AND MANAGING
DANGEROUS PRISONERS
5.1 This section addresses in some detail how the Offender Assessment System
(OASys) works in practice, the Prison Service's Dangerous Offender Strategy
and work currently under way in NOMS to develop a high risk offender's
strategy, and the role of assessments in relation to the identification and
management of dangerous prisoners in that context. There is some cross
over to the section on the management of prisoners with mental disorder.
Identifying Dan.qerous Prisoners
5.2 The introduction of OASys is described in paragraphs 6.43 to 6.52 of PW2.
The statement also described at paragraphs 6.53 to 6.57 Multi-Agency Public
Protection Arrangements (MAPPA) which are relevant to and underpin to a
significant extent the arrangements for managing dangerous prisoners within
prisons in the context of preparing release arrangements.
OASys
5.3 OASys is the principal assessment tool (outside the specific context of cell
sharing) for identifying prisoners who pose a particular risk to staff or other
prisoners. As described below the risk of serious harm assessment includes
the risk of harm to others. It applies to young adult offenders, adult offenders
serving sentences of over 12 months and to offenders serving sentences of
less than 12 months where there is a Probation Service assessment
completed at pre-sentence report stage. Those for whom an OASys
assessment is mandatory are described in more detail below at paragraph
13. The equivalent assessment tool in respect of juveniles is ASSET.
Implementation
5.4 As stated in paragraph 6.43 of PW2, the OASys IT application was rolled out
across the Prison Service, area by area, starting with the North West, Wales
and the South West in July 2003. Rollout in the public sector prisons was
completed in December 2004. Contracted out prisons do not have full use of
OASys. They use different IT systems supplied by their parent companies. It
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is intended to link them with the rest of the prison estate through a secure
Extranet and this is expected tol be in place towards the end of 2005. A
short-term solution, to enable the contracted prisons to have limited access to
OASys, was implemented in most establishments at the end of 2004, or early
2005 although delivery to the last of them (the Wolds) was only completed in
June. Full integration into OASys must wait until the secure Extranet is
available.
5.5 Shadow key performance targets (KPTs) for each establishment have been
set for 2005-06 based on one assessment or review per eligible offender per
year. The overall KPT target for the year is 46,484 assessments.
Achieving full connectivity with the National Probation Service (NPS)
5.6 OASys was developed as a common tool for use both by the Prison Service
and the NPS. It has always been recognised that the full benefits will only be
achieved when the two Services' OASys IT systems are connected, enabling
the fast, secure, transfer of OASys assessments between them. Connectivity
will enable local prisons to use and build upon the many assessments
completed by the NPS at PSR stage and will have a marked knock-on effect
upon the availability of OASys assessments in all prison establishments.
5.7 Development of software to connect the Prison Service and NPS was
completed towards the end of 2004. Roll out was deferred, however, to
enable Criminal Justice Act 2003 (CJA 2003) changes to be implemented in
NPS. It was essential that OASys is able to support the new sentences
introduced under the CJA 2003 which came into force on 4 April 2005. Full
connectivity is now planned to be achieved by October 2005.
5.8 A pilot connectivity link with the NPS system went live in July 2004, linking
North West Area (public) prisons and a single probation area, Cheshire. This
proved that the electronic exchange of OASys assessments between prison
and probation works successfully. The value of OASys in prison will be
greatly increased by the achievement of full connectivity later this year
because it will give access to the 500,000 or so assessments on offenders
available on the NPS system. The PSO and the KPT reflect an expectation
that the Prison Service would be receiving completed assessments from the
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NPS by now. There has, therefore, been some frustration on the part of
prison staff and from IMBs about the fact that OASys assessments have not
been transferred with prisoners. This position should be transformed once
full connectivity is achieved.
Integration with NOMIS
5.9 Full integration of the Prison and Probation OASys IT systems is planned to
be delivered as part of the NOMIS programme. This is a significant
undertaking and is dependent on a number of related projects involving
upgrades and changes to IT infrastructure and security accreditation of the
Probation IT network. Implementation of NOMIS is expected to begin in 2006
and it is hoped to redevelop OASys as a single system under NOMIS in time
for deployment to begin in April 2008.
Training
5.10 A national training programme has been delivered across the Prison Service.
This consisted of two one-day introductory sessions on risk assessment and
interviewing skills for assessors and supervisors, a two-day course on use of
the business process and underlying IT systems, and a period of personal
practice followed by a competence test. For general OASys users in prisons
a Computer Based Training (CBT) package has been developed and is
accessible from the OASys website on the HMPS Quantum Intranet. With
effect from April 2005 OASys training is delivered by the Prison Service
Training and Development Group (TDG) based at Newbold Revel.
Prison Service Order 2205
5.11 A revised PSO takes account of the operational experience gained from
using OASys and was published on the HMPS Quantum Intranet in April
2005. The revised PSO (document 23) is a shorter document, concentrating
on the mandatory actions, but with a supporting OASys Guidance Document
(document 24).
5.12 The revised PSO introduced a significant change to timescales for OASys
reviews (see chapter 6), which will reduce the resource requirement. The
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initial OASys assessment must be completed as part of the induction process
or within 8 weeks (previously 12 weeks was allowed for Discretionary
Conditional Release ("DCR") offenders) and there is a mandatory review
once a year and from one to three months before release. This will reduce
the burden on establishments in operating OASys, but the PSO states that it
is good practice to undertake a review after completion of a significant
milestone or when needed to inform a key decision. This greater flexibility is
in line with Prison Service policy to reduce central prescription.
5.13 An OASys assessment is a requirement in respect of
i. Young offenders (sentenced when 18-20) with at least 4
weeks left to serve
ii. Automatic Conditional Release ("ACR") offenders (12
months and over, but less than 4 years) with at least 6
months left to serve up to the conditional release date
iii. All DCR offenders (4 years and over)
iv. All offenders sentenced under CJA 2003 (12 months and
over)
v. Life sentence offenders (OASys assessment is included
within the Life Sentence Plan system)
vi. Extended sentence recall offenders, if their time in
custody after recall will be one year or more
vii. Licence recall offenders, if their time in custody after
recall will be one year or more
5.14 OASys assessments are not routinely completed by the Prison Service on
those sentenced to less than 12 months imprisonment, except for young adult
offenders aged 18 to 20.
5.15 However, an OASys may sometimes be completed in other circumstances
where resources permit, for example for a prolific and other priority offender
(PPO). The Prison Service is a partner to the Prolific and Other Priority
Offender Strategy which is an inter-agency criminal justice initiative to
prioritise interventions in relation to PPOs identified by local Crime and
Disorder Reduction Partnerships as causing most harm to their communities.
The focus is upon those committing high volume crimes such as burglary and
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street crime. OASys will be the main tool for assessing PPOs for
interventions. An assessment will be done on all PPOs by the Probation
Service at PSR stage. Prisons must maintain and update the OASys record
of all PPOs serving a year or more. Where resources permit, they should
also do this in the case of prisoners serving under a year.
5.16 Some adult short-term prisoners will have had an initial OASys prepared by
the Probation Service prior to writing a pre-sentence report, and this will be
available to the Prison Service to inform offender management. The
introduction of Custody Plus, planned for autumn 2006, will see an increase
in the proportion of short term offenders coming into prison with an OASys
assessment completed at PSR stage. The Custody Plus Order is a key
provision in the CJA 2003. Offenders sentenced to a Custody Plus Order will
serve between 2 and 13 weeks in custody followed by a minimum of six
months probation supervision. The maximum sentence (prison and probation
combined) is 51 weeks. At present those sentenced to less than 12 months in
custody do not receive supervision by the Probation Service.
What an OASys assessment involves
5.17 A copy of a completed anonymised OASys assessment form is supplied as
document 25. OASys includes the following components:
Likelihood of Re-offending assessment
5.18 This section includes the case identification, offending information (Section
1); offence analysis (Section 2); then an assessment of factors linked to
offending:
• accommodation (Sections 3)
• education, training & employability (Section 4)
• financial management & income (Section 5)
• relationships (Section 6)
• lifestyle & associates (Section 7)
• drug misuse (Section 8)
• alcohol misuse (Section 9)
• emotional well-being (Section 10)
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• thinking & behaviour (Section 11)
• attitudes (Section 12)
• health & other considerations (Section 13)
Risk of serious harm assessment
5.19 This section includes a screening section, a full analysis section and a harm
summary section. The risk of harm summary includes management issues
and the risk management plan. The risks addressed are:
• risk of serious harm to others
• risks to children
• risks to the individual
i. suicide
ii. self-harm
iii. coping in custody / hostel setting
iv. vulnerability
• other risks
i. escape/abscond
ii. control issues
iii. breach of trust.
OASys summary sheets
5.20 The summary screen draws together key information from the assessment of
the offender, and automatically calculates the likelihood of reconviction
scores. It summarises:
i. offending-related factors
ii. likelihood of reconviction score
iii. risk of serious harm to others
iv. current concerns about suicide, escape, etc.
Supervision plan (SSP)
5.21 This section includes an initial plan and a review plan, including transfer and
termination if applicable. The plan will be drawn up on the basis of the
criminogenic needs profile which has been built up in the core assessment
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(1-13), and the risk profile described in the risk of harm section, with
reference to any Risk Management Plan at R11.12.
Self-assessment questionnaire (SAQ)
5.22 This is a questionnaire to give offenders an opportunity to record their views.
It provides the practitioner with a useful insight into how offenders see their
lives and their offending behaviour.
Request for Information (RFI)
5.23 The request for information document, RFI, can be used by anyone
contributing to an OASys assessment, for example a personal officer, a
departmental specialist (e.g. education, instructor, PEI etc) or a probation
supervising officer in the community contributing to an OASys assessment
being completed in custody.
5.24 By integrating supervision and sentence planning into the overall process of
assessment, OASys helps the assessor by making the links between these
two essential aspects of offender management.
5.25 OASys is designed so that the objectives for supervision by the Probation
Service and sentence planning by the Prison Service are clearly targeted to
the profile of risk and needs identified during the assessment stage. The
supervision and sentence planning section allows progress against objectives
to be monitored and this will, in turn, inform the re-assessment of risk of
reconviction and serious harm.
5.26 An OASys Assessor will interview the offender, research collateral
information and then complete the assessment, including risk of harm section
and the sentence plan on the computer in the OASys IT system on the basis
of the information gathered.
Organisation of OASys in prison establishments
5.27 The OASys project team provided a suggested 'blueprint' for the
development of a centralised sentence management unit in establishments,
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which would support OASys and other resettlement and rehabilitative
activities. It is, however, ultimately up to establishments to decide how they
implement OASys and a few have preferred to keep existing sentence
planning arrangements with responsibility for OASys assessments dispersed
to trained staff on the wings rather than in a central unit.
5.28 The OASys Assessor is at the heart of the OASys process and of offender
management in the Prison Service. It is the OASys Assessor who interviews
the offender and afterwards completes the assessment on the computer in
the OASys IT system on the basis of the information gathered. Assessors
must be trained in using the OASys IT application and have the necessary
knowledge of offender behaviour and contact with offenders. They will
therefore usually be prison officers or seconded probation staff. Prior to
interviewing the offender, the Assessor will collect from the OASys Clerk and
from elsewhere as necessary, the collateral information which will inform the
assessment.
5.29 When the Assessor has completed an assessment it is routed to the
Supervisor for checking and approval. Every assessment must be checked
by a Supervisor, who will either approve it or return it for further work by the
Assessor. The Supervisor is normally at least one grade higher than the
Assessor. The role of the OASys Supervisor in ensuring that the work is
thorough and accurate is the key to consistent and high quality in assessment
and sentence planning.
5.30 The OASys Clerk undertakes all the administrative tasks, including reviewing
the task list at the beginning of each day, initiating routine OASys reviews as
prompted by the system and sending Requests for Information (RFI) to the
personal officer, relevant departments, units or external agencies. The Clerk
also completes the relevant parts of the Case ID section of the OASys set,
assigns the assessment to an Assessor and considers requests for access to
OASys records.
5.31 The OASys Manager is the person responsible for all aspects of the use of
the OASys system within the establishment. They will have specific
responsibility for ensuring that assessments are completed to the required
timescales and meet the required quality.
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5.32 All staff will have access to the OASys records for offenders located in their
establishment. Such 'user' access enables staff to open the OASys
application directly and to read any part of a completed OASys
assessment(s), past and current, for the offenders held in the establishment
at the time. It does not enable them to enter any information into the
assessment, or to change anything in it.
5.33 Now implementation is complete, apart from the contracted prisons OASys is
beginning to becomeestablished in the Prison Service. The staff roles and
working arrangements are clear but the real benefits will only be fully realised
once full connectivity with the NPS has been achieved. Work within prisons
can then concentrate on completing OASys for all those in custody who are
eligible and have not been subject to an OASys assessment and updating the
assessments received directly from Probation colleagues. The NOMS OASys
Unit has two operational support managers who provide help and support to
establishments on OASys matters. However it is acknowledged that
additional quality management arrangements will be necessary to ensure
consistency of assessments, and joint work with the Probation Service is in
hand to put the necessary measures in place.
Decisions on interventions
5.34 OASys pulls information together and gives staff the raw material they need
to make better decisions to manage offenders safely and work with offenders
effectively, by enabling them to address those needs which put offenders at
risk of re-offending. It is a more comprehensive risk/needs tool than that
provided by the previous sentence planning system. By pulling information
together it provides the material needed for staff to make better decisions on
allocating offenders to regime interventions which are likely to address their
offending behaviour. For the more complex or high risk offenders, assessors
may need to seek specialist advice or refer the offenders for more in depth
assessments to ensure that they are matched to the right interventions.
5.35 OASys provides triggers for referral for specialist assessments for offending
behaviour programmes. These cover general offending behaviour
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programmes, such as Enhanced Thinking Skills (ETS), sex offender
assessment and violent offender assessment.
5.36 Section 8 of OASys has been designed to gather sufficient information
needed to inform a referral to the CARATs (Counselling, Advice, Referral,
Assessment and Through care service), and provide information regarding
the nature and extent of an offender's drug misuse, their behaviour
associated with their drug misuse and their motivation to address these
issues. There are triggers within OASys for CARATs referral. Referrals from
OASys will be to the CARATs team for an assessment and not directly to a
drugs programme. OASys will complement CARATs procedures and provide
information to support the CARATs Care-planning framework.
Handling information on risk
5.37 As previously explained OASys does not cover all offenders, in particular
those adults serving sentences of under 12 months (unless an NPS PSR
stage assessment is available). In addition, until full connectivity between the
prison and probation OASys systems is achieved prisons will not have ready
access to initial probation assessments except where a paper copy has been
sent to the establishment. OASys assessments in prison are not completed
immediately but within 8 weeks of arrival at an establishment after sentence.
5.38 For eligible prisoners OASys can be a useful source of information on the
risks offenders pose both to themselves and others. To some extent, how risk
information from OASys is handled will be dependent upon local operational
practice and decisions. Security Information Reports (SIRs) can be used to
feed risk information to the establishment security department.
5.39 Since the OASys assessment may contain essential risk information on these
issues, it is vital that information from it is sent to the right place in a prison.
The OASys Clerk must check the Risk of Harm section of OASys for any
offender received into the establishment, or newly receiving an assessment.
If risk to others or risk of self harm is indicated in the assessment, the Clerk
must notify the area in which the offender is located as soon as the risk is
identified. The CARATs department must also be informed where self harm
through misuse of drugs is identified as a risk factor in OASys.
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5.40 The risk of harm part of OASys is the main part that focuses on risk and it is
divided into three sections: screening, full risk of harm analysis and risk of
harm summary. If the screening process suggests that there are indications
of risk, then the relevant parts of the full risk of harm analysis will normally be
completed. If it is decided this is not necessary, the reasons for not doing so
must be recorded.
5.41 The risks addressed are: risk of serious harm to others, risks to children, risks
to the individual, suicide, self-harm, coping in custody, vulnerability, other
risks, escape/abscond, control issues and breach of trust. The risk of serious
harm to others is addressed in the OASys guidance in chapter 4. There are 4
levels of risk: low, medium, high and very high. Risk is categorised and
includes categories for risk to prisoners and to staff.
5.42 The risk of harm summary includes management issues and the risk
management plan (sections R10 and R 11 of OASys). Section R10.6 in the
risk of harm summary gives the risk of harm ratings and summary boxes on
current concerns and this information is also included in the general OASys
summary sheet.
5.43 For those offenders who have received a rating of very high, high or medium
in relation to risk of serious harm, risks to the individual and other risks, a
management plan must be completed. The management of this group of
offenders must be in line with the Prison Service Public Protection Standard
(see para xxx below). OASys provides the triggers for referrals to Multi
Agency Public Protection Panels and provides a structure for the
management plan for such offenders. The Prison Service Dangerous
Offender Strategy may also inform the management of this group of
offenders. MAPPA and the Dangerous Offender Strategy is described in
more detail below.
5.44 Where prisoners are assessed as presenting a high or very high risk in
custody, and/or the community, consideration must be given to whether any
action needs to be taken immediately to minimise the risk in the prison
environment. The risk of harm assessment must inform assessments and
decisions about the management of the prisoner, for example, allocation,
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work allocation, re-categorisation, release on temporary licence etc.
Sentence plans must be developed which work to minimise the risk.
OASys and mentally disordered offenders
5.45 Risk assessment of mentally disordered offenders is covered in Section 14.
OASys can record initial information about mental health problems although
assessment by health care staff will be necessary and a care plan drawn up
by health care staff rather than through the sentence planning part of OASys.
5.46 Section 10 of the OASys assessment (emotional well-being) has questions to
indicate if there are current psychological problems or depression (10.2), self
harm, attempted suicide, or suicidal thoughts or feelings (10.5) and current
psychiatric problems (10.6). There are tick boxes at 10.7 including 'history of
psychiatric treatment' and 'ever been on medication for mental health
problems in past'. The OASys Manual and 'OASys Help' on the OASys
website on the Intranet state that severe problems in this section indicate a
need for specialist psychiatric or psychological assessments.
5.47 Section 11 of the OASys assessment (thinking and behaviour) covers
aggressive or controlling behaviour (11.3) and temper control (11.4). Section
13 (health and other considerations) contains a question on general health
and the opportunity to specify if the offender has any physical or mental
health conditions that need to be taken into account.
5.48 The Request for Information (RFI) system, through contributions from health
care staff, may also provide information about mental health to inform the
OASys assessment.
OASys and DSPD
5.49 OASys provides an initial screening to indicate the need for consideration for
referral for further specialist assessment for Dangerous and Severe
Personality Disorder (DSPD) to a DSPD unit. (This is done through a prompt
on screen when the sentence planning part of OASys is completed.)
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OASys and racially motivated offending
5.50 OASys can record information on racist attitudes. Section12 of the OASys
assessment (attitudes) covers discriminatory attitudes and behaviour (12.2)
and attitude to community or society (12.5). In the risk of harm screening at
R1.2 there is a box for 'racially motivated/racially aggravated offence' and at
R1.3 a box for hate-based behaviour.
Asset
5.51 The Youth Justice Board (YJB) has developed ASSET, a structured
assessment tool for Youth Offending Teams (YOTs) to use for juvenile
offenders. An assessment using ASSET should be undertaken for all
juveniles in custody regardless of length of sentence and should be
completed by the YOT before arrival at the establishment. National
Standards for Youth Justice state that, where an ASSET is not received with
the juvenile, the establishment must follow this up with the YOT within one
hour and the YOT must provide the completed ASSET form within one
working day.
5.52 The core ASSET profile (document 26) contains a section called 'indicators of
serious harm to others' and this should be completed on all juveniles
assessed using ASSET. If any of these indicators are ticked, the practitioner
must then complete a more detailed 'risk of serious harm to others'
assessment form. This requires analysis of the juvenile's past and current
behaviour patterns, attitudes, circumstances and significant life events. There
will be some juveniles who display behaviour which may present a serious
risk to others but who do not - because of their age - have many previous
convictions. ASSET therefore encourages practitioners to look at all aspects
of a juvenile's behaviour which might indicate a risk of harm to others (e.g.
violence towards family members that may not have come to public notice or
resulted in any statutory intervention). The full 'risk of serious harm to others'
assessment form was revised in spring 2005. The Risk of Serious Harm
Guidance is supplied as document 27. When making a judgement about
future harmful behaviour, practitioners are asked to specify the people who
might be most at risk from the juvenile e.g. younger children, peers or
staff/people in authority. The four risk classifications used (low to very high)
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are the same as those found in OASys in order to promote consistency of
approach and facilitate referrals to MAPPA where required. A new 'risk
management plan' has been issued to YOT staff to improve the process of
planning interventions to manage the risks that a juvenile person might
present to others.In contrast to OASys, prison staff do not complete ASSET.
YOT workers should liaise closely with prison service staff when completing
or updating ASSET (for example, at the point of release for a young person
serving a Detention and Training Order (DTO)) but responsibility for
completing and updating ASSET remains with the YOT at all times.
5.53 Most juveniles remain in the juvenile estate when they became 18, to serve
out their Detention and Training Orders (DTOs). The maximum DTO is two
years, with one year spent in custody and one year outside under YOT
supervision. Juvenile offenders convicted of more serious offences are
sentenced to detention under section 90 or 91 of the Powers of Criminal
Courts (Sentencing) Act 2000. Section 92 of that Act (which replaced section
53 of an earlier Act) provides for their placement and they will transfer to the
adult estate on reaching 18. The sentence planning file for these offenders,
including a copy of the original ASSET assessment, will transfer across to the
Young Offender Institution in the adult estate and be available to the OASys
assessor. The importance of exploring the link between OASys and ASSET is
recognised although they are separate tools because the assessment needs
of juveniles and adults are different. The OASys Data Evaluation and
Analysis Team (O-DEAT) in the NOMS OASys Unit has recently met with the
YJB and started work on mapping the question areas in both tools and
looking at the compatibility of the two databases.
Other Forms of Risk Assessment
5.54 Another form of risk assessment is that of categorisation & allocation which is
governed by Function 1 (Categorisation & Assessment) of the National
Security Framework. The NSF requires that establishments ensure that
prisoners are accommodated in conditions of safety and security. The
requirements under Function 1 in relation to risk assessments on reception is
dealt with at para xxx of Section 1.
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5.55 Following sentence, all prisoners are categorised on the basis of risk of
escape/abscond and risk to the public should they do so. Category A is
reserved for those prisoners whose escape would be highly dangerous to the
public or the police or the security of the State and for whom the aim must be
to make escape impossible. A prisoner's security category is largely
determined by the nature and circumstances of their index offence, sentence
length, previous offending, previous escapes/absconds or breaches of trust.
Other circumstances, such as whether the prisoner poses a significant control
problem, may also be taken into account. Allocation is to a prison of the
appropriate category which best meets the prisoner's personal needs -as far
as limitations on the estate permit.
5.56 Establishments are required to ensure that initial categorisation takes place
within 2 working days of receipt of all essential documents. The documents
required as a minimum for the categorisation process are details of current
offence, previous convictions, PER, OASys were available and immigration
form for foreign nationals. Current procedures require ACR prisoners to have
their categorisation reviewed every 6 months and DCR prisoners every 12
months. Earlier reviews take place in response to any significant change in
circumstances. The re-categorisation process assesses whether the risk
posed by the prisoner (in terms of escape and/or to the public) has reduced
sufficiently to warrant allocation to a prison of a lower security category.
The Manaqement of Danqerous Prisoners: the development and use of risk
mana,qement models
5.57 NOMS is developing a strategy for the beginning to end management of
offenders who have been assessed as presenting a high or very high risk of
serious harm which is explained at paragraph xxx below.
5.58 The new strategy will supersede the existing Prison Service strategy; the
current strategy is encapsulated in a document produced in August 2004
(document 28) The strategy sets out how dangerous offenders are identified
and managed within prisons with reference to the requirements for
information sharing with external agencies, conducting risk assessments,
managing risk in the context of MAPPA and the Prison Service National
Security Framework, risk management plans and the various interventions
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and programmes available to address the needs of dangerous offenders to
reduce the risk of re-offending and aid resettlement. Risk Management plans
are covered below. The various interventions and programmes available are
covered in the section addressing the identification and management of
mentally disordered prisoners.
5.59 Prisoners who are assessed as potentially dangerous are likely to be subject
to MAPPA as described in Phil Wheatley's second statement at paragraphs
6.53 to 6.57. The relevant PSO is PSO 4745 (document 29). The Criminal
Justice Act 2003 applies MAPPA to "relevant sexual and violent offenders" as
defined by section 327 of the Act and "other persons who, by reason of
offences committed by them (wherever committed), are considered by the
responsible authority to be persons who may cause serious harm to the
public" (section 325 CJA 2003). The focus of MAPPA is upon multi-agency
information sharing which helps in the formulation of risk management plans
for the release of offenders back into the community. The focus, is therefore,
public protection, not the risk that the offender may pose to staff or other
prisoners during their sentence.
5.60 However PSO 4745 on MAPPA contains a risk management model that is
capable of being used to manage a range of risk issues, not just those
covered by MAPPA. It is at present being adopted by establishments as they
work towards putting MAPPA procedures in place. This model is Annex C of
PSO 4745 and suggests an Interdepartmental Risk Management Team with
responsibility for providing regular assessments for this group of prisoners.
5.61 The inter departmental risk management team was initially developed in
relation to the management of sex offenders subject to PSO 4400, chapter 1
who were a risk to children and was adopted as an example of good practice
in PSO 4745 to enable establishments to manage risk in relation to prisoners
subject to MAPPA. It is now incorporated into the Public Protection Standard.
The current Standard (document 30) issued in January 2005 provides that:
"The risks posed by high and very high risk (of serious harm - OASys)
prisoners subject to MAPPA, and other prisoners considered to be
high risk because of their antecedent history and/or current behaviour
are assessed through risk management meetings attended by key
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staff such as seconded Probation staff, Police Liaison Officers and
nominated risk management staff. Such assessments are formally
recorded (it is sufficient to record Action Points" (Key audit baseline
19).
5.62 It provides a holistic model which is applicable to the management of a range
of risks, which may include risks to other prisoners and staff. It provides a
mechanism for agreeing upon appropriate measures to manage that risk
which may include the monitoring of correspondence and phone calls and
that those measure are proportionate, as well as agreeing upon interventions
to address the needs of those prisoners to reduce the risk of offending. Now
that it is an auditable baseline the expectation is that more establishments will
develop this model.
5.63 In addition there is a Public Protection Manual (supplied to the Inquiry on CD
Rom - document 31), an intranet based document, which provides advice
and guidance on a range of measures to enable establishments to manage
the risks posed by high risk prisoners to the public, children and victims in
general.
Whether prisoners who pose a risk to other staff or inmates should have their
correspondence and telephone calls routinely monitored?
5.64 The criteria for commencing monitoring is dealt with at paragraph 3.8 of the
section addressing monitoring correspondence and telephone calls.
Prisoners who pose a risk to other staff or prisoners may be targeted as
"nominals", that is those who pose (or may in the future pose) a threat to
order and control either generally or by way of a threat to specific prisoner(s)
or staff. However there would be a resource issue if there were to be a
significant extension beyond statutory monitoring (sex offenders and
Protection from Harrassment) outside the high security estate.
Managing risks arising from behaviour in prison
5.65 The Inter departmental risk management team model will focus on those
whose risk has been previously identified by one of the risk assessment tools.
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Their purpose is to direct resources to where they are most effective. A
critical function is to identify risks not previously identified, for example where
a child sex offender is found to be writing to single parents or where a
member of staff has overheard a conversation in which an offender has
indicated a desire to rape a child. However the model can be used to
manage other risks, for example intentions to bully, racial abuse or self harm.
Generally this model will not currently be in use for managing these kind of
risks so there would be an impact on resources and other activities were its
use to be extended.
The "Hindley Model"
5.66 The Hindley Public Protection Department has moved on considerably from
the arrangements which were in place in 1999. The current model not only
identifies high level MAPPA cases but also schedule 1 offenders, potentially
dangerous offenders (PDOs) prolific and other priority offenders (PPOs),
street crime initiative offenders, and those subject to harassment orders.
Management of such cases includes vetting of visitors, monitoring of mail and
telephone calls where required. All such cases are reviewed by the Public
Protection Panel upon which there is representation from a number of
agencies from both inside and outside the establishment. Information
provided at the reviews includes OASys assessments, Probation
Assessments, Field probation assessments, YOT assessments, Security
Intelligence, Police liaison intelligence, and mental health assessments which
inform agreed decisions about how to manage the young people under
review. In addition they have developed a Risk Management Unit in the
custody office which maintains a risk register. Potentially Dangerous
Offenders, PPOs, schedule 1 offenders, harassment cases and MAPPA
cases are all managed and monitored. Hindley has its own definition of
Potentially Dangerous Offender and manage such young men very closely.
NOMS High Risk Offenders Strategy
5.67 NOMS is presently developing a High Risk Offenders strategy to take
account of the indeterminate and extended sentences under the CJA 2003
(sections 224 to 228) and the new model for offender management under
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NOMS. These sentences may be imposed in respect of offences committed
on or after 4 April 2005 for offenders who commit sexual or violent offences,
and who are assessed by the Court as posing a significant risk to the public
from further sexual or violent offending. Those convicted of a sexual or
violent offence carrying a maximum penalty of 10 years or more are liable to
an indeterminate sentence. Those convicted of an offence carrying a penalty
of less than 10 years will be liable to a determinate sentence with an
extended period of supervision.
5.68 The strategy is for the "end to end" management of high risk offenders - those
assessed as high or very high risk under OASys, and will include a risk
management model, the assessments which should be carried out and the
appropriate timescales through to preparation for release including
arrangements for recall. It is hoped that by late summer/early autumn 2005
the High Risk Offender Strategy Group will be able to approve a high level
statement setting out the strategy and that the NOMS Executive Board can
approve the risk management model. There will then be a number of
implementation issues to address which will include alignment of the high risk
offender strategy with the National Offender Management Model. The
National Offender Management Model will provide for end to end offender
management and, in particular, the allocation to every offender of an
"offender manager".For the majority of prisoners the designated Offender
Manager will be based in the community, but for long-term prisoners/lifers it is
likely that the designated Offender manager will be based within the Prison.
In addition to the designated Offender Manger, "Offender Supervisors' will be
identified to co-ordinate and support the delivery to the sentence plan which
flows from the OASys Risk Assessment. A pathfinder project to trial the
Offender Mangement Model is currently operating within the North West.
Monitoring
5.69 With regard to OASys, a performance Standard with key audit baselines,
based on the mandatory requirements in the PSO, was issued in May 2004.
A slightly revised version was introduced in April 2005. The Standard states
that:
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'All eligible prisoners have assessments completed in a timely and open
manner, using the Offender Assessment System. Sentence plans are based
on the outcome of these assessments, are developed in consultation with the
relevant parties and set realistic targets for addressing offending behaviour in
custody and in the community following release.'
5.70 The Public Protection Standard provides for key audit baselines in relation to
the identification of potentially dangerous offenders, to ensure that
appropriate action is taken whilst in custody to reduce the risk of serious
harm posed by these prisoners, in relation to planning for their release and as
regards to information sharing and contributing to inter-agency work.
Classification
5.71 The current security categories indicate the general level of physical and
procedural security required to address an individual's risk of escape, risk to
the public and control issues. The vital issue where risk of harm to others
within the prison environment is concerned is that the specific risk is not only
identified, but that a strategy is put in place to manage that risk. It may not be
helpful simply to apply a generic identification marker to all prisoners who are
assessed as posing a risk to others without also flagging up the exact nature
of the risk or the likely target and establishing a plan to manage these risks.
5.72 There are a number of risk assessments currently in use designed to identify
those prisoners who pose a risk to others. Function 1 of the National Security
Framework requires that all prisoners are held in conditions of safety and
security in line with the levels of risk posed in terms of escape or abscond;
risk to the public in the event of an escape or abscond; to the state; to
himself/herself or others within the prison or from other prisoners.
Compliance with the requirements of Function 1 is audited in each prison as
part of the security audit (see Section 1 and paragraphs xx above).
5.73 The risk assessments required by Function 1 are;
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• The cell sharing risk assessment which must be completed on
reception and which seeks to identify those who would present a
risk to others
• The initial categorisation assessment which assesses risk of
escape, risk to the public and control issues that indicate the need
for greater supervision. It also takes account of issues that might
affect the prisoner's allocation including risk of harm to others.
The assessment is based on details of the current offence,
previous convictions, the OASys where this has been started as
part of the pre sentence report, the PER form and reports from the
security department, medical officer, psychologist and probation
department as necessary.
• Recategorisation which is a review of the initial categorisation
assessment that takes place either every 6 months after the initial
categorisation for ACR prisoners or annually for DCR prisoners.
Categorisation should also be reviewed whenever there has been
a change in the prisoner's circumstances or behaviour that
impacts on his security needs.
5.74 Depending on how closely the cell sharing risk assessment reflects the
OASys risk of harm section it may be useful if the latter could be available
from the beginning of the prisoner's time in custody. The OASys provides an
assessment of the level of risk (low, medium, high or very high) the prisoner
poses to others which is flagged up on LIDS and which requires a
comprehensive management plan for all prisoners assessed as presenting a
medium to very high risk and an immediate strategy for managing those
presenting a high or very high risk. At present this is only available for those
remand prisoners whose OASys has been started as part of the pre-sentence
report. Alternatively, the OASys is completed 8 weeks after sentencing for all
prisoners sentenced to 12 months or over and can then instigate a review of
the prisoner's security category. There is a danger that risks presented by
those either on remand or serving less than 12 months may be missed.
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