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Community Payback Practice Guidance Edition 4 March 2019

Community Payback Practice Guidance:

Good practice when delivering the sentence of Unpaid Work

Edition 4 March 2019

Community Payback Practice Guidance Edition 4 - 2019 P a g e 2 | 61

CONTENTS INTRODUCTION

Overview of Unpaid Work and Community Payback Core principles The Unpaid Work Process

SECTION ONE – PLACEMENTS Placement arranged and managed Travel Time Financial contributions/ income generation Quality Assurance Preventing Stand downs Safe working Environment Vehicles and equipment

SECTION TWO – STAFF Staff are trained and supported Modelling Good Behaviour

SECTION THREE – PROMOTING UNPAID WORK Community Nomination Supporting Court Sentencing

SECTION FOUR: DELIVERING COMMUNITY PAYBACK HOURS Assessing Risk Allocating National Probation Service – Retained persons Induction and needs assessment Work Instructions Training & Employment Opportunities Diverse needs of service users Review Progress Requirement Completed within 12 months Enforcement and compliance

Page 3 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 11 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 0 Page 21 Page 24 Page 26 Page 28 Page 30 Page 31 Page 32

REFERENCES Page 33

APPENDICES Page 34


INTRODUCTION

Good Practice The Community Payback Practice Guidance replaces previous editions of the ‘Community Payback Operating Manual’. It is not mandated unless specified and is provided as good practice, to enable providers to deliver a quality Community Payback intervention. Related contractual requirements are listed within text boxes throughout this document.

This guidance emphasises the importance of a comprehensive risk and needs assessment at the start of the requirement. The assessment supports allocation of the service user to a work placement that best manages their risks but also provides opportunities to address their needs. Desistance research indicates that a work placement that helps to address need is also likely to optimise compliance and better exploit the rehabilitative potential of the sentence1. A range of placements that are seen to be beneficial to the local community is an important element of a successful scheme, together with a well-trained and well supported workforce.

Some aspects of the delivery of the Unpaid Work Order may vary because of local conditions or differing operating models. However, this guidance sets out the best common standards that apply to all schemes and outlines the ‘good practice’ factors have been found to improve the rehabilitative effect of unpaid work2

• Work that is experienced as useful and rewarding • Opportunities to develop employment-related skills • Staff following the principles of pro-social modelling, demonstrating good

behaviours • Providing clear information and consistent application of the rules • Commencing the work promptly and being able to work regularly

Overview of Unpaid Work and Community Payback

i. Unpaid Work as a sentence of the Courts started in 1973 as The Community Service Order. The Criminal Justice and Court Services Act 2000 renamed the Community Service Order as a Community Punishment Order.

ii. Community Payback was launched in 2005 to promote public awareness

and understanding of the Unpaid Work requirement. This has been done by focusing on greater visibility, raising public understanding of the sentence and giving the public a chance to nominate work projects. The main purpose of this activity has been to improve public confidence in Community Payback and other community sentences. The Justice Seen, Justice Done campaign during 2009/10 significantly raised the profile of Community Payback. Research tracking the campaign found that public awareness of Community Payback increased from 49% in November 2008 to 74% in early 2010

iii. Community Payback is the term used to refer to any work done as part of an

Unpaid Work requirement within a Community Sentence or Suspended Sentence Order. It also refers to the organisational structures required to


deliver Unpaid Work in the community. The term should be used to describe teams or units, on websites and in any promotional material. The sentence of the court remains an Unpaid Work Requirement (imposed as part of a court order) which is set by the legislation.

iv. The Criminal Justice Act 2003 created the Community Order, a sentence

that can be made up of one or more requirements; Unpaid Work is one of these requirements. The same requirements apply to the suspended sentence order. The Courts can impose sentences of between 40-300 hours, reflecting the seriousness of the offending.

v. The Offender Rehabilitation Act 2014 (section 2) introduced Post-Sentence Supervision (PSS). The Court can impose a Supervision Default Order (SDO) for failure to comply with PSS and this can include an Unpaid Work requirement of between 20 and 60 hours. PI 24/2014 provides further details on enforcing PSS.

vi. All Community Payback hours imposed as part of an SDO must be

completed before the end of the PSS which cannot be extended. A failure to complete the hours would constitute a breach and appropriate enforcement action must be brought whilst the supervision default order remains in force (paragraph 8(1) Schedule 19A CJA 2003.

vii. Unpaid Work is available to the Civil Courts as a requirement of an

Enforcement Order, imposed as a penalty for breach of a Child Contact order. A Contact Order under the Children Act 19894 imposes a legal obligation upon the person with whom a child lives (a.k.a. the resident parent) to let the child in question have contact with the person specified in the order. A child Contact Order can be made to give children the right to see both of their parents and enable a continued relationship to exist between them. Further information in relation to enforcement orders can be found in PI 07/2016 – AI 07/2016 – Enforcement Orders,

viii. Unpaid Work is also available as a sentence of The Courts Martial. Providers

of Unpaid Work are responsible for making the sentence available to the Criminal, Civil and Military courts. PI 20/2014 explains the procedures to be followed when Service Community or Suspended Sentence Orders are imposed by The Courts Martial.

ix. Unpaid work is not available as a condition of a licence on release from a

prison sentence.

x. Community Payback should be seen by the public to be a credible punishment providing reparation to the community. The punishment aspect of Community Payback is inseparable from the rehabilitative potential of the sentence. Reparation and rehabilitation can include learning basic employment skills through a positive work experience but also the opportunity to gain vocational or skills based training.

https://www.inbrief.co.uk/child-law/children-act-1989-child-protection/


Core Principles

• Credible Punishment - Community Payback is primarily a punishment with rehabilitation of service users being a secondary, although important, consideration. It should be seen to be a robust and credible punishment.

• Rehabilitation – Community Payback can also support the rehabilitative aspects of a community order, including the acquisition of employment related skills, such as timekeeping and working cooperatively with others. It has significant restorative potential, realised by engaging service users in positive activities which provide tangible benefit to the community.

• Public Safety - The safety of the public, staff and service user is paramount. Reasonable risk assessment and risk management is central and is the responsibility of all providers involved in delivering Community Payback.

• Public Involvement - The community should have the ability to nominate work projects that can be undertaken and to receive feedback on progress of the work.

• Reparation to the Community and Community Benefit - Community Payback hours should enable service users to make reparation to communities in a constructive and suitably demanding way. Placements should be ‘local’ to the service users, meaning that they should not normally travel more than 90 minutes each way from home to the initial worksite. Of the 90 minutes each way, a maximum of 60 minutes each way can be counted under supervision, travelling in a Community Payback vehicle. The work should be seen to be constructive and of benefit to the community and encourage a sense of pride in a job well done.

• Paid Work by Others and Income Generation - Community Payback should not directly replace paid employment by others, but may add value to the work undertaken by public bodies and voluntary, community and social enterprise organisations. Where possible providers should seek to reduce costs by working with appropriate partner organisations. Providers must ensure that State Aid Regulations and forced labour conventions such as Article 4 of the European Convention on Human Rights3 are not infringed and that beneficiaries are not exploiting competitive advantage by the provision of free labour.


The Unpaid Work Process The following flow diagram outlines the key stages and required actions for delivery of the Unpaid Work order although the means of delivery may vary with differing operational delivery models.


SECTION ONE – PLACEMENTS

Placement Arranged and Managed 1.1. A well-run Community Payback scheme will ensure that a sufficient number and

range of placements are available to meet the demands of the Court. This is a fundamental principle that enables all aspects of the sentence to function appropriately. The range of placements will fulfil the core principles of Community Payback and present a credible punishment which also provides the opportunity for reparation and rehabilitation. Swift allocation to a placement that meets the Risk and needs of the service user while delivering these core principles is key to a good quality service.

1.2. The contract stipulates that high visibility tabards with the Community Payback logo on the front and the words Community Payback (bilingual for Welsh areas) on the back must be worn by service users. This instruction applies to all service users over 18 years of age and includes sentences passed by the Court Martial. It does not include people undertaking Unpaid Work as a requirement of an Enforcement Orders under the Children and Adoption Act 2006 who are not required to wear high visibility tabards and who must not be worked with service users on projects where the tabards are being worn. All other mandatory requirements of Unpaid Work/Community Payback are applicable to an Enforcement Order.

1.3. Community Payback tabards must be worn unless the work placement risk assessment identifies their use would pose a potential risk of harm to members of the public, staff or service users. A decision not to use the tabards must be endorsed by a manager and the basis for the decision recorded. Alternative means of bringing the project to the attention of the public may be employed

1.4. When identifying suitable work projects, priority should be given to those projects which provide outdoor work suitable for being made visible to the public. A range of indoor work projects should also be available for use in adverse weather conditions and which are able to meet the needs of people with protective characteristic.

1.5. Providers will ensure that members of the public can easily identify who is

supervising the work group.

OSR 9 - The Contractor shall ensure that Unpaid Work is visible to the public and made visible by Allocated and Retained Persons wearing the prescribed clothing and by use of signage at projects, except when:

i) the Contractor considers (in exceptional circumstances) that to make the work site visible would place the public at risk of harm

ii) Allocated and Retained Persons are subject to an Enforcement Order; or iii) the beneficiary of the work reasonably believes that to make the work visible would be detrimental to

their business interests or organisational objectives.

CONTRACT REQUIREMENTS


1.6. Beneficiaries of Community Payback work will be made aware of the purpose of the tabards. Any request to exempt a project from the use of the tabards must only be agreed where convincing evidence is provided based on health and safety concerns, business risk to the beneficiary or suitability of the placement.

1.7. All Community Payback work will be beneficial to local communities. This contract

requirement is likely to be met where the project has been identified by members of the local community, Police Crime Commissioners, Community Safety Partnerships or similar bodies. All work projects should be seen to provide genuine benefit to the local community or disadvantaged groups.

1.8. Community Payback work should not involve any activity which could be interpreted as direct personal care or supervision of a child or vulnerable adult, or regulated activity as defined by the Protection of Freedoms Act 2012. Beneficiary agencies must understand that service users should not be allowed or expected to perform such tasks.

Travelling Time

1.9. Under normal circumstances, to ensure delivery of the sentence of the court and

sentencer confidence, service users should not be expected to spend excessive time travelling to a work site or pick up location. It is considered to be good practice for travel time to kept within 90 minutes from home to the worksite, including the time, counted as part of the order, travelling in a Community Payback vehicle. The maximum travel time travelling under supervision, that is considered reasonable to be credited against Unpaid Work Hours, is 60 minutes each way. In practice, this mean that where more than 30 minutes is spent travelling to a pick-up point there should be a corresponding reduction in time spend in a Community Payback vehicle being transported to the initial work site and conversely there can be a maximum 90 minutes total travel time where the service user reports directly to a work site.

1.10. Where an individual placement could involve multiple work sites (e.g. litter picking)

travel time to the initial work site only is relevant to this measure. The local nature of work placements should mean that in most cases a service user will spend far less than the maximum permissible time travelling to a work site.

1.11. In some exceptional circumstances a longer period of travel time will be expected,

for example, when considering a potential risk of harm or when contingency plans must be put in place at short notice in order to avoid standing down a work group. The rural nature of an area does not automatically constitute an exception to the maximum time allowed but may contribute to an exceptional circumstance; e.g. where a group is unavoidable cancelled and service users are transported to a neighbouring area. Exceptional circumstances are likely to be one-off or short lived


OSR 5 - Where an Applicable Person is subject to an Unpaid Work Requirement the Contractor shall

ensure that the work is of benefit to the local community.


practical difficulty or a practice decision that is required for public protection purposes. This could, for example, include known gang association and the need to locate an individual in a separate geographical location or away from other service users. The reason for extended travel time must be recorded on the case management system and endorsed by a manager.

1.12. It is not appropriate for travel time to be credited towards the sentence when

service users are not under supervision. Travelling under supervision, for example in Community Payback transport, can be counted in full towards the sentence.

Financial Contributions/ Income Generation

1.13. A well-run Community Payback scheme will seek to reduce the cost of delivery of

the sentence by requesting contributions towards materials and wherever possible that suitable beneficiary organisations contribute towards the cost of supervision. Contribution may be financial or ‘in kind’ through, for example, the provision of staff to supervise work undertaken. This could involve service level agreements with local authorities, other public bodies or social enterprises. Projects nominated by local community groups or charitable organisations must not be turned down because they are not able to compete financially.

1.14. Providers will be aware of the legal and contractual requirement to ensure that any income generation does not breach State Aid regulations or constitute forced labour under the International Labour Organisation Convention 29 and European Convention on Human Rights.

1.15. Community Payback should not directly replace paid employment but may add

value to the work undertaken by public bodies and voluntary organisations. This is not always a straightforward judgement but those responsible for assessing placements must satisfy themselves that where the beneficiary has a responsibility for undertaking the work the Community Payback contribution is adding capacity and not substituting current paid employment. Providers must ensure that beneficiaries are not exploiting competitive advantage by the provision of free labour.

1.16. Unpaid Work Providers are subject to specific contractual obligations in relation to

delivery of Community Payback including in relation to income generation, which is monitored by contract managers


3.2 (H) - The Contractor shall, and shall ensure that each Subcontractor shall: (i) maximise opportunities to generate income through the provision of the Services to contribute towards the cost of delivering sentences, and possibly to benefit victims of crime and local communities; in each case ensuring that the arrangements pursuant to this Clause 3.2(h) comply with relevant legal obligations including, among others, the State Aid Regulations and the European Convention on Human Rights.


Quality Assurance

1.17. A well-run Community Payback scheme will assure the quality of both the work placement and delivery activities within the community. A quality assurance framework will incorporate an assurance plan that includes routine and unannounced checks of Community Payback work sites. A sample form for worksite checks is included in appendix H. An overview of the competence of staff supervising group activities should be undertaken by suitably qualified staff responsible for quality assurance.

1.18. All Community Payback work placements must be assessed to identify relevant

risk related information and to ensure minimum placement quality standards are met. This assessment should be recorded and available for reference. A sample template Community Payback Work Placement and Work Provider Agreement is provided at Appendix A. This or a similar form can be used to identify placement qualities and the actions required of the beneficiary. The agreement should be reviewed and amended when there is a significant change in placement, or the nature of the work undertaken.

1.19. It is good practice to feedback to the Responsible Officer how the service user

responded to the requirement at completion of the order.

1.20. Good practice suggests that a sample of Placement Assessment and Work Provider Agreements should be audited each year to ensure that quality standards continue to be met. Health and Safety Risk Assessments should be audited by appropriately qualified staff each year, and at the point of an accident, near miss or change of circumstances, in line with Health and Safety legislation.

1.21. Providers will work with beneficiaries and others involved in the delivery of

Community Payback to create a positive and pro-social working environment. When assessing potential Community Payback work placements, the purposes and activities of the beneficiary organisation should be consistent with the principles of valuing equality, diversity, social inclusion and justice. The attitudes and behaviour of people involved in working with or supervising Community Payback service users is especially important when directly supervised by the beneficiary in an individual or group agency placements.

1.22. Pro social delivery of the sentence remains an important element of Community

Payback and so this should be assured as part of the process of supervision and appraisal. It would be appropriate for Managers responsible for Community Payback to observe supervisors at work at least twice each year in addition to line management meetings. The PSM Action Checklist found at Appendix C provides a template that may be used for this purpose. Adequate time should be taken to provide feedback to supervisors and identify potential areas in which practice may be improved. If the beneficiary organisation is responsible for the supervision a significant number of service users, it may be appropriate for staff within that organisation to be offered relevant training


Prevention of Stand Downs

1.23. A well-run scheme will have sufficient placements available and contingency plans in place to deal with unexpected difficulties. The pro-social ethos of Community Payback and the compliance of service users can be undermined if work sessions are cancelled for operational reasons. Contingency plans could include staff on standby to replace absent staff or the provision of alternative work placements.

1.24. If it is necessary to stand down a session after the service users have reported for

work a minimum of 1 hour should be credited towards the sentence, taking account of travel time and time taken off work if appropriate. The case recording system should reflect the attendance time, the number of hours given to the service user (with justification) and reason for standing down the work session.

1.25. It is expected that work will continue in all but the most severe weather conditions.

To retain public credibility, it is important that Community Payback is seen to take place in poor weather conditions (with the use of suitable protective clothing), unless the nature of the work or health and safety considerations makes this impossible.

Safe Working Environment

1.26. The providers duties in relation to health and safety are a legal and contractual obligation. Health & Safety instruction for undertaking Unpaid Work will be conducted in accordance with the Health and Safety at Work Act 1974

1.27. Providers of Community Payback will understand the legal obligation to have a

written health and safety policy and provide supervisors and placement organisers with training at least to ‘IOSH Managing Safely’ and Health and Safety Level 3. Community Payback staff should understand their responsibility for their own health and safety, that of colleagues, service users, beneficiaries and members of the public.

1.28. The provider holds a responsibility to ensure that all beneficiary organisations

providing agency placements also have suitable health and safety arrangements in place with a risk assessment for any activity involving a service user on placement. If an adequate risk assessment is not available this must be completed by the provider’s suitably qualified staff before a placement starts.

1.29. Health and Safety risk assessments should be reviewed every 12 months and

whenever there is a change to the tasks being undertaken. Reviews should also take place following an incident or a near-miss and the event should be recorded. These records will be available to the authority.

1.30. All Community Payback work placements must be assessed to identify relevant

risk related information and to ensure minimum Health and Safety and placement quality standards are met. The assessment must be undertaken by a competent person holding a current IOSH Managing Safely certificate and a Health and Safety Level 3 qualification. The assessment must be readily available to all staff and to service users on request. Where access to online files is limited a printed version of


the assessment should be available, for example, within the placement folder. A template Community Payback Work Placement and Work Provider Agreement is provided at Appendix A. This or a similar form should be used to identify placement qualities and the actions required of the beneficiary. It should then be reviewed and amended when there is a significant change in the placement, or the nature of the work undertaken.

1.31. Information from placement assessments should be used by staff responsible for

allocating service users to work placements, to ensure that service users who pose identified risks are not allocated to placements where they may pose a risk of serious harm to vulnerable individuals, staff or other group members. Placement assessments should be retained in electronic form and should be accessible to staff responsible for placements and for allocating service users to work placements. A random sample should be audited annually by managers responsible for Community Payback.

1.32. Contingency plans will be in place to ensure an appropriate response to the

possibility of violence towards service users and staff from outside the work group and the risk of violence towards staff or other service users within the group. This will include an understanding of local gang activity and associations.

1.33. It is expected that a safe and effective level of supervision is provided on

Community Payback work sites. Individual supervisors will be responsible for a manageable group size considering risk and other dynamic factors for the individual members of the group. Larger work groups, groups operating in remote locations, or those accommodating higher risk Service User may require the supervision and support of two or more people. This may be achieved by combining groups or establishing projects in conjunction with partner agencies which are able to provide help with the supervision of service users on the work site.

1.34. Adequate management oversight of Community Payback operations will be

maintained at all times. It is expected that a duty system will ensure that a member of staff with sufficient expertise and authority to make decisions is available for consultation with front line staff and that no member of staff supervising service users is working in isolation. Effective communication should be maintained with staff supervising Community Payback work groups, bearing in mind that mobile telephones may not be a sufficient control measure where there is an inadequate signal.

1.35. Providers will be aware of their legal commitments under the Health and Safety at work act, including ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations’ (RIDDOR) that requires employers, and other people in charge of work premises, to report and keep records of work-related accidents which cause death or serious injury, diagnosed cases of certain industrial diseases and certain incidents with the potential to cause serious harm. Reports under RIDDOR should be made available to the authority.


Vehicles and Equipment

1.36. The proper use of vehicles is a legal and contract requirement. Vehicles used to transport service users must be suitable for purpose and maintained in accordance with the manufactures instructions and current regulations. Providers of Community Payback must ensure that drivers are competent and appropriately qualified to drive vehicles used to transport service users to work sites (see Appendix F). The Department for Transport recognises that holding the D1 Passenger Carrying Vehicle (PCV) entitlement is the preferred option for drivers of vans carrying passengers.

1.37. Equipment used by service users must meet current regulations and be maintained in accordance with the manufacturers’ instructions and health and safety legislation. Personal protective equipment must also meet the required regulations and procedures must be in place to ensure that personal protective equipment is used in accordance with health and safety risk assessments and maintained in a safe condition.

1.38. It is considered good Health and Safety practice for Community Payback schemes

to utilise appropriate security measures in all vehicles used to transport service users.


SECTION TWO – STAFF

Staff are Trained and Supported 2.1. A well-run Community Payback scheme will ensure that correct staff appointments

are made and that staff are suitably trained and equipped to provide a high-quality service. Training should be designed to ensure that all risks are managed and that service users benefit from their experience of Community Payback. Group Supervisors are responsible for maintaining a safe working environment where risks to staff, beneficiaries, the public and service users are managed. They should receive the necessary training and support that is required to fulfil this responsibility.

2.2. It is good practice for staff managing service users to have received basic training and be offered ongoing developmental training each year. A minimum level of training is expected before a new staff member takes responsibility for supervising a work group. This introductory training will usually include a health and safety briefing, First Aid training and an introduction to the core principles of community Payback listed below. A more comprehensive session on each of these areas is likely to follow as soon after appointment as possible.

• Health and Safety - legislation and responsibilities

• Child Safeguarding – L1

• Vulnerable Adult Safeguarding

• Introduction to the PREVENT duty

• Risk awareness – basic understanding

• Dealing with challenging behaviour – appropriate response

• Diversity, equality and Inclusion

2.1. Contracted providers will recognise the benefits of ongoing training for their staff. This will include refresher courses on the above core requirements but may also include wider practice issues. This could include, but is not limited to the following:

• Support in engaging better with service users

• How best to support and motivate compliance

• Pro-social modelling,

• Using problem solving techniques to model life skills

• Domestic abuse awareness

• Substance abuse awareness

• Understanding performance targets

2.2. The Community Payback scheme will value its staff and promote continual professional development. Contract providers are not required to facilitate staff in achieving an NVQ L3 - Criminal Justice who are working as Unpaid Work supervisors but they may wish to do so on an added value basis rather than within the terms of the contract.


Modelling Good Behaviour 2.3. Pro-social modelling is the widely understood term covering a set of attitudes and

behaviours that should underpin all work with service users undertaking Community Payback. People are more likely to learn from the example of others in a relationship of mutual respect. Relationships need to be characterised by a firm but fair approach that demonstrates honesty, warmth, empathy and appropriate humour.

2.4. Appropriately trained staff will be aware of the principles of procedural justice. This is the extent to which someone perceives that people in authority make decisions and apply procedures in a fair and just manner and has been heavily researched in a variety of contexts, and more recently within prisons and probation settings5. If people feel they are treated fairly, they will accept the legitimacy of those in authority and are more likely to accept difficult decisions and abide by the rules, even where a decision goes against them, e.g. enforcement action or a change of intensity of reporting etc.

2.5. Other important skills include an understanding of the principles of positive

reinforcement. There is robust evidence to show that positive reinforcement an effective way to change behaviour and increase the frequency of desirable behaviours6.

2.6. It is important that staff delivering Community Payback have a good understanding of the factors that promote desistance from crime and can support this change process wherever possible. Training in this area should be available to all group supervisors.


SECTION THREE – PROMOTING UNPAID WORK

Community Nomination

3.1. A well-run Community Payback scheme will organise placements that are recognised by members of the public as providing a credible and suitably demanding punishment. Work placements will be predominantly nominated by and provide tangible benefits to all sections of the local community.

3.2. Providers will be expected to use their websites and any other available means to

promote a consistent message that Community Payback provides an effective punishment, engages service users in demanding work and provides real benefits to local communities. Websites should contain up to date information about projects and may include photographs, descriptions of the projects, details of the beneficiaries (where appropriate), the numbers of hours completed etc. The public should be able to see the changing nature of projects undertaken and be able express views about the work that could be done by service users in their communities.

3.3. A procedure that allows members of the public to nominate potential project work in their community should be readily available, in addition to nominations through the national gov.uk website. Nominations should be promptly acknowledged with an indication of whether the project will be accepted and when it is likely to start.

3.4. Liaison arrangements with the Police and Crime Commissioners, Community

Safety Partnerships and other community forums are likely to exist at a high and authoritative level in successful Community Payback schemes. It is critical to ensure that community leaders and local officials fully understand the contribution that Community Payback can make to local initiatives. New and innovative work placements are expected to be continually developed, seeking to ensure that all sections of the local community have an opportunity to benefit from the work delivered through Community Payback.

3.5. Providers are encouraged to develop ways to promote project work completed

through Community Payback and to leave a lasting record of the project. A plaque or similar notices should include text that identifies that the work was completed by service users as part of a sentence of the Courts.


OSR 6 - The Contractor shall ensure that:

i. the views of local people and community stakeholders such as the police, police and crime

commissioners and Community Safety Partnerships are taken into account when identifying potential Unpaid Work placements; and

ii. members of the public are provided with opportunities to nominate Unpaid Work projects in local communities.


Supporting Court Sentencing 3.6. A good quality Community Payback provider will ensure that National Probation

Service report writers and Court staff are provided with sufficient information about Community Payback to enable them to make informed decisions about the suitability of service users for the sentence. Newly appointed National Probation Service Court staff could be offered induction opportunities within the Unpaid Work team. Ongoing presentations at team meetings and the provision of written information about Community Payback may also help to ensure that all staff responsible for providing advice to Sentencers are fully informed about current placement activity, acceptance criteria and education/ training opportunities within community payback.

3.7. National Probation Service Court Teams are responsible for all immediate post sentence activities within the Court. There is no expectation that contract providers are required to have a presence in Court but they may wish to do so and local arrangement may be agreed which would add value for the contractor rather than being specified within the contract.

3.8. It is expected that Community Payback staff are available to provide advice on suitability or other issues to assist National Probation Service Court teams in providing reports or information to the Courts and to assist sentencing. This advice can relate to the potential placement of service users with specific requirements as a result of disability, or vulnerability or may need to accommodate carer responsibilities or complex travel arrangements. It is important that service users are not disadvantaged as a result of not being able to access Community Payback and that their access requirements are assessed and met.

Eligibility and suitability criteria

3.9. The Unpaid Work requirement is available as a sentence of the Court for all

offences suitable for a community order and all service users regardless of ability and level of risk of harm or risk of reoffending. It does not require the consent of the defendant.

3.10. Sentencers must be satisfied that a service user is able to carry out a sentence of Unpaid Work. The Court should be aware of the range and diversity of Community Payback work schemes within the local area and the opportunities for a rehabilitative and restorative element to this work where appropriate. It is important to maintain the confidence of Sentencers and regularly update them on developments within Unpaid Work through written information, advice at court and presentations delivered in collaboration with the National Probation Service. The liaison arrangements with the Crown Court is set out in PI 05 2018.

3.11. NPS Court Officers should inform the Court at the pre-sentence stage that defendants who are in receipt of Employment and Support Allowance are not eligible for the Unpaid Work requirement. There are no other specific barriers to an Unpaid Work Requirement, and specifically the inability to receive or understand instructions or communicate in English is not a barrier to Unpaid Work. All recipients of Employment and Support Allowance are either deemed by the


Department for Work and Pensions to have Limited Capability for Work (before their initial Work Capability Assessment), or have actually been found to have Limited Capability for work (at their Work Capability Assessment). Undertaking an UPW requirement could result in them becoming ineligible to receive Employment and Support Allowance and so the benefit being withdrawn. Where a person subject to Employment and Support Allowance is sentenced to an Unpaid work requirement, the order should be returned to court for amendment or resentence.

3.12. Materials provided for sentencing, such as previous convictions, domestic abuse

and safeguarding checks, RSR, OGRs, OASys and any case allocation material, should be provided to the Responsible Officer by the NPS Court staff, where available, and prior to the initial appointment. The Responsible Officer completing the Unpaid work risk assessment will take account of the RSR score but this should not be used in isolation. An OASys completed as part of a Court Pre-Sentence Report should be reviewed and updated by the Responsible Officer or completed before allocation to a work placement.

SECTION FOUR: Delivering Community Payback Hours

Assessing Risk 4.1 The assessment and management of risk of harm is a contract requirement. When

allocating service users to a Community Payback work placement, priority must be given to the management of risk of serious harm and likelihood of reoffending. The presence or proximity of children or vulnerable adults and potential opportunities for further offending should be considered in the light of assessment information and the current OASys RoSH assessment (or authority approved assessment tool).

4.2 The Responsible Officer will take account of the OGRS and RSR score, provided

within the case allocation process, but this should not be used in isolation and an OASys (or an authority approved assessment system) must be completed prior to the commencement of work. Further consideration of risk factors and protective


OM 8 - In respect of each Allocated Person, the Contractor shall prepare a Plan within 15 Business Days after the first face to face appointment has taken place with the Allocated Person in accordance with OM3 or OM4 as applicable. The Plan shall:

(i) be reasonable and proportionate in its terms; (ii) where possible be agreed with the Allocated Person; and (iii) be framed to deliver that part of the sentence of the court to be served in the community, the Licence conditions or the Post Sentence Supervision Period Requirements.

The Plan shall be reviewed as required by the Authority, or if the Contractor reasonably considers that the

circumstances of the Allocated Person have significantly changed.


factors, situational and relational factors together with professional judgement will be needed as part of the assessment. The key concepts and process for assessing risk of serious harm are found in the NOMS Risk of Serious Harm guidance.7

4.3 A Responsible Officer will arrange to meet all service users within 5 business days

of allocation. A risk of harm assessment and sentence plan should be completed by the Responsible Officer within 15 days after the first appointment had taken place. The assessment will be completed through OASys (or an authority approved assessment system). Where a basic level assessment indicates that there is a risk of harm or of further offending a full OASys risk of serious harm assessment must be completed.

4.4 Where the offence has resulted in serious harm to an identified victim(s) the nature of the offence must be considered to ensure that the placement is appropriate and does not risk contact between the service user and the victim(s). Placement decisions will reference the risk assessment and any relevant documents within the placement assessment to ensure that work instructions do not conflict with an existing Court Order, Injunction, Exclusion Requirement, DVPO etc.

4.5 Ensuring that the risk presented by a service user can be safely manage within a placement is the priority of allocation. Effective management of the risk of serious harm is the combined responsibility of all staff. Anyone working directly with a service user must be aware of the risk factors identified and have a clear understanding of the responsibilities they have in the management of the risks that have been identified. The Responsible officer will co-ordinate the risk management activity. When placing a medium or high-risk service user the risk that have been identified, mitigating factors and decisions about the placement should be recorded by the Responsible Officer and endorsed by a manager.

4.6 The provider should ensure they are aware of any gang activity in the areas where Community Payback is being delivered. The Unpaid Work assessment completed prior to work commencement, should include identification of association with a known gang and their location and an assessment of the risks posed by the service user being in contact with people related to the gang that the service user identifies with, people who associate with rival gangs or being present in areas considered to be frequented by other street gangs. The provider should take this information into account when allocating service users to placements and ensure sufficient placements are available to enable identified risks to be appropriately managed.

4.7 Community Payback work should not include direct personal care or supervision of

a child or vulnerable adult. If Community Payback work is taking place on premises to which the public do not have access and children or vulnerable adults are present, before a placement can be considered there must be a clear record on the case management system that the service user is not barred from working with children or vulnerable adults.

4.8 Passing on information that may have an impact on the assessment of risk presented by the service user is vital to maintaining safe working practices and


protecting the public. This information may come through observation, from another organisation, directly from the service user or from a member of their family. It is a contract condition that staff are familiar with the process of passing sensitive or risk related information to the Responsible Officer at the first practical opportunity following the event or incident.

4.9 Information received by any means that could indicate an increase in risk of harm or reoffending will trigger a review of the placement. Whenever this information represents an increase in the risk, the placement allocation must be reviewed and revised as appropriate. The information and the decisions made and actions taken must be recorded.

4.10 The Responsible Officer will conduct a full review of OASys (or authority approved assessment process) whenever an increase in risk of harm is indicated. This must be completed before the service user is instructed to work again and should, wherever possible, be completed so that attendance is not interrupted. If this cannot be achieved the decision not to instruct should be endorsed by a manager.

Allocating National Probation Service - High Risk/ MAPPA Cases 4.11 The National Probation Service are required to allocate Unpaid Work requirements

made on their cohort to the contracted provider within 5 business days of allocation. It is a condition of the contract that the Responsible Officer is consulted for all high risk or MAPPA eligible service users regarding the suitability of placements and their endorsement formally recorded on the case management system before any work instruction is issued. A change of placement must also be endorsed by the National Probation Service Responsible Officer and recorded. The NPS therefore has a responsibility to ensure that the provider has up to date knowledge of the Responsible Officer.


OSR 11 - The Contractor shall ensure that, for high risk of Serious Harm or MAPPA-eligible Designated Retained Persons, the rationale for each Community Placement arranged by the Contractor for the delivery of the order or Post Sentence Supervision Period Requirements or Licence conditions (as applicable), and any change to that Community Placement, is endorsed by the Authority and recorded in writing before the placement is arranged, or any changes are made to that placement.


OSR 10 - When assessing and allocating Applicable Persons to Unpaid Work placements the Contractor shall (i) take into consideration the risk of Serious Harm presented by the Applicable Person and their personal circumstances (ii) review each Applicable Person’s Unpaid Work placement on receipt of any new information which, in the reasonable opinion of the Contractor, might affect:

(a) the Applicable Person’s level of risk of Serious Harm; (b) the likelihood of the Applicable Person reoffending; or (c) the ability of the Applicable Person to successfully complete his sentence of the court.


4.12 The National Probation Service Responsible Officers will liaise with the contracted

provider to ensure that the service user is referred to the education and training opportunities available within the Community Payback scheme as appropriate.

4.13 Individual decisions will be made about the best way to manage risk particularly

where the presenting risks are very specific or narrowly focused. It may be appropriate to manage specific risks within a usual work placement. However, care needs to be taken to avoid a placement that could heighten risk factors, for example, if the placement is located near to where a victim lives or works.

4.14 In most cases the risk presented by National Probation Service referred service users will be most effectively managed through group placements supervised by staff who are appropriately trained and supported. Consideration should be given to group size or additional supervisors where more than 1 high risk or MAPPA eligible service user is assigned to a group. However, there is no prescription about a maximum group size based on risk. All placement allocation decisions in respect of National Probation Service cases will be based on an individual assessment and must be endorsed by the relevant National Probation Service Responsible Officer. The rationale for the placement decision must be formally recorded within the case management system.

4.15 Current or previous sexual offenders can be difficult to place safely in the community. In assessing these service users Unpaid Work staff and the Responsible Officer should jointly consider appropriate placements that can manage risk and avoid any contact with children or vulnerable people. All staff should be aware of the nature of the convictions and arrangements for the service user’s safety in the event of any disclosure about these offences.

4.16 It is important for Community Payback staff to provide the Responsible Officer with information about behaviour on work placements that may impact of the current risk assessment so that this can be shared with external organisations such as MAPPA. It is considered to be good practice to feedback to the Responsible Officer how the service user responded to the requirement on completion although this is not contractually binding.

OM 23 - The Contractor shall inform the Authority of any information it receives, or any significant event which, in the reasonable opinion of the Contractor, might affect:

(i) the Designated Retained Person’s risk of Serious Harm; (ii) the Designated Retained Person’s risk of self-harm; (iii) the likelihood of the Designated Retained Person reoffending; or (iv) the ability of the Designated Retained Person to successfully complete his Plan.



Induction and Needs Assessment 4.17 All elements of the induction must be completed before a service user commences

work. The work placement should start within 7 days of allocation to the provider. The commencement times and intensity of delivery is defined by the contract. professional discretion is not applicable in relation to the commencement or sequencing of the Unpaid Work requirements.

4.18 The elements of induction are mandated through the contract and will include:

• Information gathering/assessment: including review or completion of the Risk of Harm screening and Community Payback Assessment.

• Information giving/instruction: service users must be given information about Community Payback rules and their responsibilities while undertaking Community Payback. This should include the requirement to use distinctive clothing. service users should also be informed about their rights (for example how to make a complaint using the provider’s complaints procedure). Health and safety instruction, including the use of Personal Protective Equipment, must also be provided. This information must be given in a format which meets individual requirements in relation to comprehension and literacy. Induction information must clearly explain the standard of behaviour expected on work sites and will include no unreasonable or disruptive behaviour, no attendance under the influence of drink or drugs, plus restrictions on smoking and the use of mobile phones, cameras and other electronic equipment. Providers of Community Payback are expected to formulate clear rules regulating the use of mobile phones, which do not result in work being disrupted and the credibility of the sentence being undermined.

4.19 Motivating the service user to attend and to make the most of the opportunities

available through Community Payback is a critical aspect of induction. Every effort should be made to demonstrate what service users have to gain by compliance and potentially to lose through non-compliance.

4.20 Local circumstances will dictate how information about Community Payback is provided. The extent and nature of the information to be given will depend on the opportunities available, but is likely to include employment and skills development/ accreditation opportunities. It may also include more detailed health and safety or first aid instruction, or information about the range of worksites and the way they are selected by members of the public and local communities.

4.21 Allocation to the most appropriate placement is critical for success. The allocation

decision making process will follow three sequenced but interlinked stages:


OSR 7 - The Contractor shall ensure that each Applicable Person with an Unpaid Work Requirement is provided with written attendance instructions and an induction as set out in the Authority’s Community Payback Operating Manual to enable that Applicable Person to begin the Unpaid Work within seven calendar days after the date of allocation or referral by the Authority of that Applicable Person to the Contractor.


• Assessment of risk – this determines the type of placement that can manage the risks presented. This decision should be capable of withstanding close scrutiny in the light of a serious further offence or incident.

• Assessment of need - what personal factors should be taken into account when allocating the case including protected characteristics and will identify potential barriers to compliance. A sample form at appendix B can help with this task.

• Assessment of training or employment needs – this should include a learning needs screening.

4.22 A Sentence Plan is required to be completed within 15 days of the first appointment. The plan will set out the work type and frequency of contact and any additional learning that may take place during the placement as part of skills development. The plan must set out how compliance will be monitored and promoted throughout the sentence.

4.23 A Community Payback Assessment Form should be completed during induction and made available to staff responsible for the allocation of the service user to a work placement. A sample assessment form can be found at Appendix B. Staff and beneficiary organisations responsible for the supervision of service users should receive relevant risk information at a level that allows them to make informed judgements. The Community Payback assessment should take account of the assessment of maturity, undertaken as part of sentence planning, when identifying an appropriate placement. Additional needs assessments may be appropriate and could include, for example, learning difficulties or work-related assessments.

4.24 It is good practice for the Responsible Officer to liaise with the Jobcentre Plus Work Coach for all unemployed service users. Where a training or education activity has been arranged by the Work Coach in conjunction with the Responsible Officers this can, under specific circumstances, be counted towards 20% of the order available for education/ training activities. The specific conditions under


which the activity arranged by the Job Centre Work Coach can be counted as Unpaid Work hours must be recorded within the case log and must include the following criteria:

• The activity must be a non-mandated Job Centre Plus activity and there should be no consequences for the service users’ benefits through failure to attend the activity. See Appendix I for details.

• The activity must be arranged in consultation with the RO and so will not commence until after the start of the Unpaid Work Order

• Arrangements are in place so that attendance is monitored and the RO informed of any absences within 1 day

• The training/ education provider is given appropriate information about any risk or management issues with the service user

• The RO will enforce attendance in line with usual Unpaid Work enforcement practice

Work Instructions 4.25 The contract requires that employed service users are instructed to work a

minimum of 7 hours Community Payback in each week. Whilst the Community Payback working day is expected to be seven hours, shorter sessions may be appropriate in some circumstances where multiple sessions can achieve the minimum required weekly total. A full working day must contain suitable breaks, totalling no more than 1 hour, unless there is a requirement to make reasonable adjustment, considering disability or other needs such as religious observance. During breaks, service users must remain under supervision and good behaviour maintained as there is a potential for a negative impact on public opinion and confidence from an unsupervised group.

4.26 Employed service users should be instructed to work on a weekly basis, usually

for a minimum period of 7 hours within each week until the requirement is completed. Exceptions to this rule are:

• The service user’s work makes it impossible to attend each week (for example those working on oil rigs or at sea). In these circumstances the service user may be required to attend for work intensively each week that they are available to ensure that the requirement is completed within 12 months.

• The service user is not able to attend due to a documented long term illness, imprisonment (including remand) or has been suspended from Community Payback pending breach proceedings and efforts to re-engage them have been exhausted. In all cases a Court hearing will be pending so that a judgement can be made about the way to progress the order.

• The service user requests to complete the hours in a shorter timeframe and this can be facilitated by the provider.

4.27 Following each attendance for Community Payback, the service user must be

provided with a record of the hours worked that day, the total hours worked to date and an assessment of the standards of work and behaviour achieved.


4.28 It is a contract condition that all information regarding appointments offered and

attended, progress made, changes to risk and any enforcement action required is shared with the Responsible Officer. This information must be recorded on nDelius or an authority approved case management system.

4.29 The contract states that unemployed service user should be expected to work 28 hours per week over a period of four days where this is deemed reasonable in terms of their work or life commitments. It is appropriate for training, education and pre-employment skills to feature more heavily at the start of intensive orders. All arrangements must be fully documented within the sentence plan.

4.30 Providers of Community Payback must have adequate controls and recording processes in place to confirm that eligible service users are correctly identified. The initial assessment will consider how the identified needs can be addressed within Community Payback and should include consideration of education and skills development, including basic work place skills. For example, this could involve a full day of educational work and a day of Community Payback at the start of the order.

4.31 It is important that all instructions to attend Community Payback sessions, whether a work session or an educational or training opportunity, is clearly recorded within the case management system. It must be very clear if a service user fails to attend an appointment for which they have been instructed to attend so that enforcement action can take place as appropriate. The principle remains that if a service user fails to attend a session for which they have been instructed, this absence is subject to enforcement action in the same way as those orders which routinely work at the minimum of a seven-hour day each week.

4.32 Decisions around what is expected by unemployed service users will require

providers of Community Payback to have good communications with service users and Jobcentre Plus, to provide a flexible approach to the scheduling of Community Payback to accommodate the requirements of job search and other benefit conditionality.


OSR3 - The Contractor shall ensure that arrangements are made and information exchanged with Responsible Officers to ensure that Applicable Persons attendance for interventions and services, including Senior Attendance Centre and Unpaid Work are effectively delivered and recorded.


OSR 8 - The Contractor shall provide each Applicable Person with Unpaid Work appointments:

i. for an employed Applicable Person for a minimum of seven hours per week; ii. for an unemployed Applicable Person for a minimum of 28 hours each week, where in the

judgement of the Contractor, this would be reasonable with regard to the circumstances of the unemployed Applicable Person; and

iii. where the Contractor reasonably determines that the Applicable Person’s offence-related needs include an education or skills deficiency, it may provide the Applicable Person with employment-related training for a period equivalent to a maximum of 20 per cent of the hours ordered for that Unpaid Work Requirement.

As far as practicable, those appointments must not interfere with that Applicable Person’s work or training commitments, carer responsibilities or religious observance.


4.33 Each DWP Working Age benefit has its own conditionality rules. Unemployed

service users must satisfy these in order to continue to receive benefits. Intensive Community Payback is likely to be most suitable for claimants on Jobseeker’s Allowance (JSA) and unemployed Universal Credit claimants, where they are expected to look for work. It is unlikely to be suitable for claimants with significant caring responsibilities or a health condition; for example, claimants on Income Support, Employment and Support Allowance and Universal Credit (where there is no expectation on them to look for work).

Training & Employment Opportunities

4.34 The contract allows up to 20% of Unpaid Work hours ordered by the Court to be

credited for time used for education, training and pre-employment activity. A well-run Community Payback scheme will make full use of this allowance.

4.35 Community Payback provides a unique opportunity to engage service users in learning in a practical work setting. These opportunities must be presented to all relevant service users so that their personal and practical employment potential can be improved. These opportunities can include problem solving skills, working co-operatively with others, gaining knowledge of health and safety, improving basic skills such as literacy or numeracy or specific vocational skills such as multi skills or horticulture qualifications.

4.36 Training and education as part of the 20% allowance within the Unpaid Work order should be offered to service users who are unemployed, at risk of unemployment and whose offending reflects employment related needs. Training and education should target unemployed service users but where employment related needs have been identified this can also be offered to those who are currently employed. Providers of skills training should demonstrate that activities are either part of a nationally recognised qualification or are preparation work that will enable the service user to move on to more formal qualifications.

4.37 Learning and skills provision should take account of local skills deficits and opportunities provided by local labour markets. Organisations working in partnership to deliver Community Payback, such as placement providers or local authorities may also provide valuable employment opportunities for service users such as apprenticeships. Where possible guaranteed interview arrangements should be established with placement providers and partner agencies. Arrangements of this nature have the potential to provide opportunity for service users to move into paid employment with a beneficiary or their subsidiary following the completion of the Community Payback sentences.

4.38 Support for employability spans a broad spectrum and the education and training

activity does not necessarily need to be a vocational qualification but may encompass a variety of additional employability activities which offer an additional route to addressing identified employment needs. For example, this could include disclosure sessions, job-search activity, on-line learning, modules towards a qualification, structured preparatory and motivational work to develop employability, appointments with the Providers employment/ training teams,


college course or job interviews, voluntary work, courses or sessions focusing upon self-employment and business start-up. This list is not exhaustive but aims to broaden the spectrum of how Community Payback can be used in a rehabilitative manner to address learning, skills and employability needs.

4.39 On-line learning that takes place away from a supervised work environment can only be counted towards the 20% allowance where in the judgement of the Responsible Officer the course is mediated by a recognised provider, is initiated after the sentence commenced, forms part of the overall sentence plan and is considered to add significant benefit to the future employability of the service user. Evidence of the course will include estimates of weekly time commitment, milestones for completion of the course and a certificate of completion.

4.40 It is unlikely that volunteering activity that pre-dates the Court sentence could be included as part of the learning and development associated with the 20% allowance within the order. However, where volunteering activity, in the judgement of the Responsible Officer, is initiated after the sentence commenced, forms part of the overall sentence plan and is considered to add significant benefit to the future employability of the service user, it may count towards the 20% allowance but is subject to approval of the Community Payback placement organiser. This approval will be subject to usual placement risk assessment and assurance checks, to the same standard as applied to all agency placements. This will including the responsibility of the beneficiary to support enforcement of attendance for any session directed through the Unpaid work order. It is not appropriate for a service user to complete Community Payback work sessions at the same site where voluntary work contributing towards the 20% ETE allowance is undertaken.

4.41 Whilst the priority of Community Payback remains delivering the sentence of the court, broadening the scope of education and training also creates opportunity to use education and training activity to offer appropriate support for service users as contingency in the event of site stand downs.

4.42 Comprehensive assessment of needs is therefore paramount and resulting education and training objectives should be clearly stated in the sentence plan, have sufficient oversight by the Responsible Officer with effective communication between the Responsible Officer and the Unpaid Work point of contact.

4.43 In broadening the scope of education and training within the Unpaid Work requirement it is important that the activity has robust outcome objectives so that confidence in the activity is maintained for both sentencer and the public. This will also ensure a level of consistence and the basis for quality assurance.

4.44 The most appropriate pathway for long term unemployed service users remains a Rehabilitation Activity Requirement with specific provision to address employment needs in conjunction with offending risk factors. Where a Rehabilitation Activity Requirement includes education, training and employment readiness activity this cannot be counted against Unpaid Work Hours.


4.45 The following criteria applies to training and education in this respect:

• The activity can be provided either in-house by the CRC, via the CRC’s supply chain (including Rate Card delivery partners), other delivery partner or community organisation.

• An activity in which either the CRC or partners have referred into.

• An activity that the service user has arranged themselves (without a referral from the CRC) to support their skills development/employability but which has only commenced since the start of the Unpaid Work order, is approved by the Responsible Officer and recorded on the case management system and is linked to identified needs in the sentence plan. These activities must be risk assessed by the Community Payback Provider.

• It must be verified and recorded that the activity will address the skills and employability needs identified in the sentence plan

• Verification of an activity undertaken outside of the CRC’s internal delivery model should be stored within the case management system and include the start time, end time, date of activity, hours completed and the outcome of the session.

• Any activity provided through Jobcentre Plus must be in addition to job search or activity required as conditions of receiving state benefits.

• The Responsible Officers can consider activities arranged in conjunction with the Jobcentre Plus Work Coach that are not mandatory in terms of Universal Credit job search for inclusion within the 20% education/ training allowance where the conditions set in 4.23 (above) have been met.

4.46 All training and education activity undertaken as part of the 20% allowance within the Unpaid Work requirement should be recorded appropriately using the correct codes on Ndelius. UP06 ‘provider’ is used when the activity is delivered either in-house by the CRC or via a CRC’s supply chain partner. This could include an organisation providing services on the CRC’s Rate Card; UP08 education and training ‘Partnership’ is used where the training/education is either referred to an external organisation or the CRC/Responsible Officer has agreed the service user can engage with an activity they (the service user) have arranged for themselves.

4.47 Providers of Unpaid Work should ensure that notes in the contact log detail the

nature of the activity, who is delivering it, the proposed outcome and progress in achieving it. This will ensure accountability that will support any required enforcement or compliance action.

Diverse Needs of Service Users

4.48 The personal factors section of a Community Payback Assessment Form

(example provided in appendix B) provides the opportunity to identify the individual requirements of service users and to highlight what impact these may have on the allocation of work. The impact of these factors should be fully considered including the service user’s view.

4.49 The Equality Act 2010 provides a cross cutting legislative framework to protect the

rights of individuals and promote equality of opportunity for all. Providers of Community Payback must ensure that placements are available to meet the


requirements of people with disabilities, other protected characteristics, level of maturity, learning difficulties and challenges and the needs of service users who may be vulnerable. Disabled service users and those with other personal needs should be consulted to agree what reasonable adjustments may be required to enable them to undertake Community Payback.

4.50 Attendance on Community Payback must not be prevented or hindered for a

service user by their race, ethnic background, cultural or language requirements, or any other factor or protected characteristic which could lead to discrimination against them. Service users must not be expected to undertake activities which are contrary to their culture or religious beliefs. It is important that assumptions are not made about these issues and that time is taken at the assessment stage to establish with the service user how this could affect work placement allocation.

4.51 As far as practical Community Payback must be arranged to avoid conflict with the service user’s religious beliefs, employment and education or training. It may also be necessary to arrange Community Payback to take account of service user’s dependent care commitments.

4.52 The contracted provider will recognise the need of service users to practice their faith. It is obligatory for a practising Muslim to pray 5 times a day at specific times. The following link provides the schedule for Prayers in different regions throughout the UK; https://www.islamicfinder.org/world/united-kingdom/99

4.53 It is reasonable and acceptable for staff to expect some flexibility for prayers to take place outside of Community Payback hours. However, during a full working day there is likely to be the need for two prayer times. An extended break at Lunch time and during the afternoon break should be allowed to accommodate prayer time. Evening work sessions or later running days may need to consult a recognised schedule such as islamicfinder.org (above). When away from home practicing Muslims will complete the obligatory part of the reading, which will take about 10 minutes. It is important to try and accommodate these needs where possible. If in the judgement of the service user there are no suitable places to pray at the work site, the missed prayers can be made up at the next prayer time. Prayer time is not a legitimate reason to miss a Community Payback session or to leave the work site, un-supervised.

4.54 Sufficient individual and group placements must be available to meet the needs of

women. Successive reports have highlighted the need for different services and policies for women in the criminal justice system10, to ensure equality of treatment and outcome. Ideally women should be allocated to work placements which take account of their needs. This may be an agency placement which is sensitive to the needs of women, or a specific female only group placement. When planning


D3 - The Contractor shall ensure that where practicable a lone female Applicable Person is provided with the option of not being placed in an all-male work environment as part of her Unpaid Work Requirement or Attendance Centre Requirement.

https://www.islamicfinder.org/world/united-kingdom/


provision for women service users, the assumption should be that lone women will not be expected to work in an all-male group. The views of female service users themselves must be considered in allocation and where practicable they should be provided with the option of not working in an all-male environment. The offer of a female specific placement should be recorded in the case record, particularly if this is rejected by the service user.

4.55 The needs of women service users who are pregnant or new mothers need to be

carefully considered and subject to risk assessment. Women are also more likely than men to be subject to enforcement orders under the provisions of the Children and Adoption Act 2006, because they are more likely to have residence of children in cases involving disputed contact. The same considerations should apply to Community Payback placements for women subject to enforcement orders.

4.56 Where a service user has undergone gender reassignment, consideration should

be given as to whether a work programme is appropriate which will include an assessment of any additional risk issues. The views of the service user should be sought and considered. A person has the protected characteristic of gender reassignment for the purposes of the Equality Act 2010 if they are proposing to undergo, is undergoing or has undergone a process or part of a process for reassigning the person’s sex by changing physiological or other attributes of sex.

4.57 The Gender Recognition Act 2004 provides that it is a criminal offence for a person who has acquired protected information in an official capacity to disclose “protected information” to any other person. “Protected information” is information which relates to a person’s application for a gender recognition certificate or where a gender recognition certificate has been issued information which relates to the person’s previous gender. There are a number of exemptions from the offence including where the individual has consented. Care should be exercised when sharing data about transgender service users with placement providers or beneficiaries

4.58 Mentoring and peer support can be a positive way to support service users who are struggling to comply with or benefit from the additional training or skills development opportunities available within Community Payback. Mentoring is to be encourage when organised through a regulated and well managed scheme.

Reviewing Progress 4.59 Communicating all information speedily that may impact on considerations of risk

is vital to maintaining safe working practices and protecting the public. This information may come through observation, from another organisation, directly from the service user or a member of their family. Whenever any member of staff becomes aware of such information they must relay it at the earliest practical opportunity to the member of staff responsible for managing the requirement (this may be a member of Community Payback staff, an offender manager located in an Offender Management Team). A simple system needs to be in place to achieve this which is understood by all staff.


4.60 The service provider will review the placement whenever information relating to the risk of serious harm posed by a service user is received. The information and the decisions/actions taken must be recorded whether or not it triggers a full Risk of Serious Harm review. This must be completed before the service user is instructed to work again and should, wherever possible, be completed so that attendance is not interrupted. If this cannot be achieved the decision not to instruct should be endorsed by a manager.

4.61 A routine system for keeping the Responsible Officer (contracted provider or

National Probation Service) informed with the attendance and behaviour of the service user. The contract stipulates that this Information is available within one business day (see above), to allow decisions to be made and action taken in a timely fashion.

4.62 A review of the requirement should take place in all cases at the 9-month stage of the order where there are still outstanding hours left to serve. This allows sufficient time to return an order to Court where there is a chance that the order will not be served within the statutory 12-months period.

The Requirement is completed within a 12-month period.

4.63 There is a legal and contractual obligation on the service user (s.200(2) CJA 2003), to complete the Unpaid Work hours imposed within a 12-month time period as part of a community order or suspended sentenced order.

4.64 Where it seems likely that an order will not be completed within 12 months the

case must be referred to the National Probation Service so that a Court review can be arranged. The process to request a Court review must be taken at the 9-month stage of the order to allow sufficient time for the case to be listed within the statutory 12-month period of the requirement. The Responsible Officer will decide whether the application should be:

• Revocation and re-sentence (community order only) because the service user’s circumstances have changed and there is no realistic prospect that the requirement will be completed in a reasonable timescale OR

• Extension of the 12-month period during which the requirement should be completed. This may be appropriate if the circumstances that prevented the service user from undertaking Community Payback have changed, or will change, so that there is a realistic likelihood that the requirement will be completed, but in a period beyond the 12 months specified in Section 200(2).

4.65 The CJA 2003 (schedule 8, para 20 for Community Orders and Schedule 12 para

18 for Suspended Sentence Orders) allow the Responsible Officer to make an application to court to extend an order for the purposes of completing Unpaid Work. For community orders this can be beyond the sentence end-date. When making an application full information on the service user’s overall compliance with the requirement will be provided to the Court to inform their decision.

4.66 An Unpaid Work requirement as part of a suspended sentence must be completed

within the operational period of the suspended sentence. Any extension can only be applied up to the sentence end date. Where it is apparent that the Unpaid Work


requirement will not be completed within the sentence then the case must be returned to court and an application made to either vary or amend the requirement.

4.67 A community order with a sole requirement of Unpaid Work ceases to have effect

on the completion of the Unpaid Work. Where the Unpaid Work hours have been fully completed before the sentence end date the order is to be terminated on nDelius and a termination review is completed in order to close the OASys. Where the service user is subject to a suspended sentence order then the case should not be terminated on nDelius or OASys before the end of the operational period.

4.68 Section 199(5) of the Criminal Justice Act 2003 states that when sentencing in

respect of two or more offences, the court may direct that the hours may be concurrent with or additional to those specified in any other order. The maximum number of hours that can be ordered to be worked in a 12-month period is 300. If a further similar order overlaps with an earlier one, both orders are best regarded as running concurrently from the dates they were imposed unless a court specifically directs that the further order is “consecutive”.

4.69 Supervision Default Orders are not subject to the same legislative requirements as

Unpaid Work imposed as a requirement under a community order or suspended sentence order. A SDO is an option available to the court where a service user fails to comply with their post sentence supervision period (PSS). There is no provision to return to court to apply for an extension where it is apparent that the Unpaid Work hours may not be completed within the PSS period. Therefore, every effort should be made to complete the hours within the PSS period.

Enforcement and compliance 4.70 The consequences of failing to attend work sessions as instructed will be

explained to the service user by their Responsible Officer and reiterated by all staff involved in the delivery of this requirement.

4.71 A system must be in place to ensure that the Responsible Officer is alerted within 24 hrs if a service user fails to attend so that action can be taken within the timescales prescribed within the Enforcement of Community Orders instruction PI6 2014 which states that the officer will “…notify the offender of the potential for breach action within 2 working days of the alleged breach occurring”. In practical terms this means that attendance information must be provided by the next

OM 5 - The Contractor shall: (i) during each of the face to face appointments held pursuant to OM3 or OM4 of this Schedule 7, provide each Allocated Person with a clear oral explanation of what the Allocated Person must do to comply with the requirements of his Community Order, Suspended Sentence Order, Licence conditions or Post Sentence Supervision Period Requirements, as applicable, and the consequences of not complying with any of those conditions or requirements, (ii) seek clarification that the Allocated Person has understood the explanation and (iii) confirm the explanation in writing to the Allocated Person.



working day so that continued failure to comply will result in rapid enforcement action.

4.72 Where a Responsible Officer exercises professional judgement as a reason not to enforce an unacceptable absence, it is good practice for this to be verified by a Manager. In general terms a manager should routinely review cases where enforcement action has not been taken following an unacceptable absence.

4.73 Repeated failure to attend for acceptable reasons should be rapidly evaluated by the Responsible Officer so that a judgement can be made about whether the requirement is workable or if it should be returned to court with a view to revocation and resentencing. It is good practice for management oversight to take place following the third acceptable absence with the managers comments recorded on the case record.

4.74 When a service user is pleading not guilty to a breach of Community Payback, evidence is normally submitted by means of section 9 statements. However, relevant members of staff must be available to attend court and give evidence to support the prosecution if required. For some staff, unaccustomed to working in the court environment, this may be a stressful experience and it is worth ensuring that time is given to them for preparation. Visiting the court and witnessing proceedings as well as spending time with the enforcement officer, can help to raise their confidence.

References 1 Evaluation of Community Payback Orders, Anderson et al Scottish Government Social Research 2015

(http://www.gov.scot/Publications/Recent). Duff, A. (2001) Punishment, Communication and Community. New York: Oxford University Press.

2 McIvor, G. (1992) Sentenced to Serve. The operation and impact of community service by offenders. Avebury. Aldershot. Mair, G and May, C. (1997) Offenders on probation. Research study 167. Home Office. London.

3 https://www.equalityhumanrights.com/en/human-rights-act/article-4-freedom-slavery-and-forced-labour 4 https://www.legislation.gov.uk/ukpga/1989/41/contents 5 Gendreau, P., Listwan, S.J., Kuhns, J.B. & Exum, M.L. (2014). Making prisoners accountable: Are contingency

management programmes the answer? Criminal Justice and Behavior, 41, 1079-1102. 6 Blasko, B., & Taxman, F. (2018). Development and predictive utility of a PJ measure for use in community

settings. Criminal Justice & Behavior, doi.org/10.1177/00938548177492. 7 NOMS Risk of Serious Harm guidance; http://nomsintranet.org.uk/roh/official-

documents/NOMS%20RoSH%20June%2009.pdf 8 https://intranet.noms.gsi.gov.uk/__data/assets/file/0007/783799/T2A-Maturity-Guide_Ver5_sample.pdf 9 https://www.islamicfinder.org/world/united-kingdom/ 10 https://webarchive.nationalarchives.gov.uk/+/www.justice.gov.uk/publications/docs/women-justice-system-

exec-summary.pdf https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719819/female-offender-strategy.pdf

http://www.gov.scot/Publications/Recent

https://www.google.com/search?safe=active&client=firefox-b&q=Duff,+A.+(2001)+Punishment,+Communication+and+Community+.+New+York:+Oxford+University+Press.&spell=1&sa=X&ved=0ahUKEwiw_oWY6uzfAhXxSxUIHZEbB8YQkeECCCkoAA&biw=1280&bih=556

https://www.equalityhumanrights.com/en/human-rights-act/article-4-freedom-slavery-and-forced-labour

https://www.legislation.gov.uk/ukpga/1989/41/contents

http://nomsintranet.org.uk/roh/official-documents/NOMS%20RoSH%20June%2009.pdf

http://nomsintranet.org.uk/roh/official-documents/NOMS%20RoSH%20June%2009.pdf

https://intranet.noms.gsi.gov.uk/__data/assets/file/0007/783799/T2A-Maturity-Guide_Ver5_sample.pdf

https://www.islamicfinder.org/world/united-kingdom/

https://webarchive.nationalarchives.gov.uk/+/www.justice.gov.uk/publications/docs/women-justice-system-exec-summary.pdf

https://webarchive.nationalarchives.gov.uk/+/www.justice.gov.uk/publications/docs/women-justice-system-exec-summary.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719819/female-offender-strategy.pdf

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/719819/female-offender-strategy.pdf


APPENDICES

Appendix A – Community Payback Work Placement and Work Provider Agreement Appendix B – Community Payback Assessment Form Appendix C – Community Payback Pro-Social Modelling Action Checklist Appendix D – Community Payback Beneficiary Survey Appendix E – Community Payback Exit Survey Appendix F – Guidance on Driving Appendix G – Cost Reduction guidance Appendix H - Unannounced Site Visits Appendix I - DWP Mandated and Voluntary Activities

CP Work Placement Assessment and Work Provider Agreement

Community Payback

Work Placement Assessment and Work Provider Agreement

Placement Details

Placement Name

Contact Name

Placement Type Individual Group Maximum Number

Days Available Mon Tues Wed Thurs Fri Sat Sun

Placement Address

Telephone

Mobile phone

Contact Address

Telephone

Mobile

Email

1 Relevant Risk Information

Level of Risk of Harm Manageable at Placement?

Vulnerable adults or children present at placement? Yes No

Ready opportunities for offending present at placement? Yes No

Appen Appendix A


Placement suitable for Identification as Community Payback

Project and provides work of a suitably demanding nature

Yes

No

Health and Safety Risk assessment complete Yes No

If a decision is taken not to make the site visible to the public, record the reasons for this decision:

Other factors to be taken into consideration when considering allocation of service users to the placement:

2 Employment and Skills Related Opportunities

Yes No Yes No

Opportunity to gain employment related skills

Vocation Skill Opportunities

Skills for life Formal Certification

Interpersonal and Problem Solving Skills

Guaranteed Interview

Details of Skill and Employment Related Opportunities Provided by Placement:

3. Beneficiary Contact with Service Users

Details of planned contact with work provider and / or beneficiaries and frequency and nature of feedback to service users.


4. Site Details Keys and Access Arrangements

Refreshments

Toilet and Washing Facilities

Smoking Yes No Details:

5. Placement Attributes

Work Availability – Regular work assured Yes No

Work Availability Dependent upon Weather or other factors

Yes No

Beneficiary supervision available Yes No

Accessibility – Placement easily accessed by workers without need for transport

Yes No

Accessibility – any barriers to participation (please identify any reasonable adjustments required)

Yes No

Brief description of work being undertaken

6. Job Requirements

Materials Required:

Materials Supplied by:

Equipment Required:

Equipment Provided by:


Arrangements for Supervision of service users:

7. Placement Provider Agreement

I understand that as work provider I am responsible for ensuring that insurance cover is in place for the period that service users and Community Payback staff are engaged on the project. I have discussed the work as listed above and understand that other tasks will have to be separately assessed before they can be undertaken. I will keep in touch with the agency delivering Community Payback and provide feedback to service users as agreed in section 3 above.

I also understand that Community Payback is used to promote public understanding and confidence in community sentences. I consent to my organisation’s use of Community Payback being publicised in reports and other publicity material.

Signed Placement Provider Date

Title/Position

Signed Community Payback Provider Date


Appendix B Community Payback Assessment Form

1 Individual Details

Family Name

d o b

Forenames Case ID No

Alias PNC No

Ethnic category

Gender M F

Address

Home phone

Mobile phone

Emergency contact details

Name Relationship to service users

Address

Home phone

Mobile phone

2 Risk of Harm details

OASys Risk of Harm category: Very High High Medium Low

MAPPA Yes No Level 1 Level 2 Level 3

Full OASys assessment completed? Yes No

Full Risk of Harm assessment completed? Yes No

Risk Management Plan details/impact on placement allocation and actions for supervisors:


3 Personal Factors

Offending and/or behaviour Yes No Yes No

Sex offender Known difficulty with others on Community Payback

Risk to children Cannot be placed with male supervisor

History of offences against vulnerable adults

Cannot be placed with female supervisor

Hate based behaviour (e.g. homophobic, racially motivated)

Control issues (see OASys R4.2)

Frequent dishonesty Concerns re: breach of trust (see OASys R4.3)

Suspected Gang association Gang identifier/ name:

Gang geographic location

Needs close supervision or restricted placement:

Details/impact on placement allocation from any of the above:

Individual circumstances Yes No Yes No

Carer commitments Women only provision

Language (e.g. need for translator) Particular skills or experience

Cultural/religious needs Other considerations

Vulnerability (e.g. age or maturity)

Details/impact on placement allocation:


Health Information Yes No Please give details below Yes No

Vertigo Angina

Skin conditions Diabetes

Allergies Asthma

Claustrophobia History of psychiatric illness

Other phobias Treatment for depression or nervous disability

Giddiness / fainting Pregnant/new mother

Blackouts Back problems

Epilepsy prescribed medications being taken and type

Alcohol or drug problems Other health problems relevant to work

Disability (ref. DDA) Yes No Yes No

Hearing impairment Reduced physical capacity including difficulty with physical co-ordination

Speech impairment Mental illness – current diagnosis

Visual impairment (not corrected by glasses or contact lenses)

Severe disfigurement

Reduced mobility Learning difficulties

Progressive condition (e.g. cancer, muscular dystrophy)

Dyslexia

Other (please specify) Do not wish to disclose

Details/impact on placement allocation:

Details of GP:

Employment and education Yes No

Is the service user in employment or education?

Is the employer or college aware of the Community Payback requirements?

Name of employer or college


Address

Days/hours per week

Type of work or education

Benefit Details Yes No

Yes No

Income Support Job Seeker’s Allowance

Sickness Benefit Disability Living Allowance

Incapacity Benefit Severe Disability Allowance

Other (e.g. student loan)

Details (including signing on details):

Impact on placement allocation:

Travel Yes No

Travel time from home to muster point (estimate)

Cost of public transport from home to Community Payback

Service user has valid driving licence

Public transport is accessible

Placement restrictions due to travel difficulties

Availability for Community Payback

Mon Tues Wed Thurs Fri Sat Sun

Morning

Afternoon

Evening

4 Skills or employment needs

Please indicate if there are problems with: Readin

g Writing Numeracy


First Move Screening score Below 40 Significant skills needs

40 – 59 Some skills needs

60 + Skills needs unlikely

List qualifications the service user has gained

Skills the service user would like to learn

Is there a skills development need to address through Community Payback? Yes No

Type of skills development

Is there an employment need to address through Community Payback? Yes No

Type/nature of employment

Additional comments about skills or employment needs

5 Declaration These things have been given and explained to me: Yes No

Information about Community Payback

THESE LINES ARE LEFT BLANK FOR UNITS TO INCLUDE FURTHER LOCAL INFORMATION

A copy of instructions for my first CP session on Date

I agree to you sharing information with my placement provider if necessary

I agree to you contacting my GP and for you both to exchange information with each other, if necessary

I believe the information on this form is correct

I agree to attend for Community Payback as instructed


Service user’s signature Date

Staff signature Date

Pro-Social Modelling Action Checklist

Community Payback Unit

Placement name

Name of Supervisor Group Individual

Name of Assessor Date of assessment

Activities Observed Length of time observed

Verbal feedback given on site Yes No

Please complete a new checklist for each observation visit.

Please complete the checklist after a period of observation that allows a reasonable length of time for a full range of examples of PSM to be demonstrated. For each example mark either the:

Pro column with a if the pro social-example was observed

Anti column with a if the situation arose but the supervisor did not respond in a pro-social way

None column with a N if that opportunity to be pro-social did not arise during the period of observation

Use the space provided at the end of each section to record any additional pro-social examples observed but

which are not listed. It is possible to mark criteria both and if the situation occurs more than once.

Pro-social modelling by example Pro Anti None

Did the supervisor model these pro social attitudes and behaviour? N

1 Greet each service user individually

2 Address service user politely by name

3 Use appropriate eye contact in conversation

4 Use appropriate body language

5 Use appropriate gestures

6 Use a balanced tone of voice

7 Give attention to everybody

8 Treat everybody fairly having regard to individual needs

9 Give clear instructions about the work to be done

10 Hold people to task firmly but fairly

11 Uphold the rules

Community Payback Pro-Social Modelling Action Checklist

Appendix C

Pro-Social Modelling Action Checklist

Any other observed examples of pro-social modelling by example

Pro social attitudes Pro Anti None

Did the supervisor reinforce these desirable attitudes? N

12 An anti-drugs stance

13 A responsible attitude to the use of alcohol

14 A positive attitude to the police, the courts and Probation

15 A positive attitude to Unpaid Work

16 A positive attitude to employment and education

17 Anti sexist attitudes and socially inclusive values

18 Respect for minority ethnic groups and other cultural backgrounds

Any other observed examples of desirable attitudes being reinforced

Pro social rewards Pro Anti None

Did the supervisor reward these pro social attitudes and behaviour? N

19 Good time keeping

20 Courtesy

21 Good relationships with others involved in the work

22 Attention to the task in hand

23 Complying with instructions

24 Compliance with health and safety requirements

25 Making useful contributions to the planning and organising of the work

Any other observed examples of desirable behaviour being rewarded

Community Payback Beneficiary Survey

Appendix D

BENEFICIARY SURVEY

We want you to complete this survey so that we can understand your experience of Community Payback. It is important that we keep improving the service we deliver and your views, like those of sentencers and service users, help us build up a picture that can inform those improvements. You do not need to give your name if you choose not to. However, if you want us to respond to any issues you raise in this form, we will need your details so that we can contact you. Please put a ✓ in the box that best suits your answer. There is also a space for any comments you want to make for each question. You do not have to make any comments if you do not want to.

Comments

1 Is the work carried out by?

Individual service users

Groups of service users

Both

2 Who supervises the service user(s)?

Your organisation

Community Payback provider

Both

3 When is the work carried out?

Weekends Weekdays Both

4 Over what period was the work carried out?

Less than a week

1 – 4 weeks More than 4 weeks

5 What is the nature of the work (please only identify the main one)?

Environmental/ Conservation

Graffiti removal/ Litter removal

Painting/decorating Restoration

Charity shop Luncheon club

Clearing/maintenance Animal work

Community safety Other (please specify)

Recycling

Please rate the following issues by putting a ✓ in the appropriate box (Very good, Good, Poor, Very poor)

Very good

Good Poor Very poor

Score (For Official Use) 4 3 2 1

6 The level of information given about Community Payback.

7 Overall, how well Community Payback is organised and managed.

8 Service users’ ability to carry out the work required.

Very good

Good Poor Very poor

Score (For Official Use) 4 3 2 1

9 The standard of service users’ behaviour.

Community Payback Beneficiary Survey

10 Helpfulness of Community Payback staff.

11 Service users attendance in accordance with instructions.

12 Sufficiency of labour and equipment to carry out the work.

13 Quality of the work done.

14 Standard of supervision of service users.

15 Staff’s ability to motivate and encourage service users.

16 Staff response to and ability to resolve problems.

Totals (For Official Use)

17 Have you used Community Payback before? Yes No

18 Would you use Community Payback again? Yes No

19 Would you recommend Community Payback to others? Yes No

20 Are you more likely now to employ someone with a criminal record?

N/A Yes No

21 What was the main reason for becoming involved in Community Payback?

• To be involved in the rehabilitation of service users

• To complete a job that would not otherwise be done

• To save money

• Other (please specify)

22 Can you suggest anything that would improve our delivery of Community Payback?

23 Is there any other comment you would like to make about Community Payback?

24 Would you like us to respond to any of the issues you’ve raised?

Yes No If ‘Yes’ please provide contact details.

Thank you for completing this survey

No. Unit Date

Community Payback Exit Survey

Appendix E Community Payback Exit Survey We want you to complete this survey so that we can understand what the experience of Community Payback was like for you. It is important that we keep improving the service we deliver and your views, like those of sentencers and beneficiaries, help us build up a picture that can inform those improvements. The information about you that we ask for at the end of this form is also used to help us build up this picture and is not used for any other purpose. You do not need to give your name if you choose not to. However, if you want us to respond to any issues you raise in this form, we will need your name so that we can contact you. Please put a ✓ in the box (Very; Fairly; Not at all etc.) that best suits your answer. There is also a space for any comments you want to make for each question. You do not have to make any comments if you do not want to.

Score (For Official Use) 2 1 0 Comments

1 Was the work you did hard and demanding?

Very Fairly Not at all

2 Were you kept busy all day?

Always Sometimes Hardly ever

3 Was the work you did useful to the local community?

Very Fairly Not at all

4 Were you treated fairly and with respect by Community Payback staff?

Always Sometimes Hardly ever

5 Were you ever sent away when you arrived for work because we could not give you work to do?

Never Once More than once

6 What was the overall organisation of Community Payback like?

Well organised OK Not well organised

7 Did you learn anything useful to you through Community Payback?

A lot Something Hardly anything

8 How likely are you to offend again now you have finished Community Payback?

Less likely than before

About the same

More likely than before

9 Did you complete your Community Payback hours?

Yes No

Totals (For Official Use)

10

If not, why did you not complete them?

11 What do you think we could do to improve Community Payback?

Community Payback Exit Survey

12 Are there any other points about Community Payback that you would like to make?

13 Do you want us to respond to you about any of the points you have raised?

Yes No If yes, please enter your name and contact details.

14 Information about you

Are you? Male Female Employed Unemployed What is your age?

Do you have any long term illness, health problems or disability which limits your daily activities or the work you do?

Yes No

Is English your first language? Yes No

If not, what is your first language?

Do you consider yourself to be:

White British Indian

White Irish Pakistani

White Other Bangladeshi

Caribbean Any other Asian background

African White & Black Caribbean

Any other Black background White & Black African

Chinese White and Asian

Other ethnic group Any other mixed background

Thank you for completing this survey

No. Unit Date

Appendix F Guidance on Driving

COMMUNITY PAYBACK: VEHICLE AND DRIVER LICENSING ISSUES

PSV Operator Licensing

1. DfT have advised that the operation of vehicles with more than nine seats (for the

driver and up to eight passengers) by the contracted provider is likely to require a Public

Service Vehicle (PSV) Operator Licence. The contracted provider will therefore need to

consider, in the light of their specific circumstances, whether they will need to acquire an

operator licence or whether for instance they might already be covered by a Licence held

by another company within their group of companies. There is extensive guidance available,

including at:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/194259/

PSV_Operator_Licensing_Guide.pdf.

2. The Road Traffic Commissioners are responsible for regulating the operator licensing

system, including the approval of licence applications. The Senior Commissioner has

indicated that they are likely to look favourably on applications from providers of Community

Payback. The legislation relating to passenger service vehicles (unlike that for goods

vehicles) does not allow for interim licences to be granted. The usual target for application

decisions is nine weeks, which includes a statutory consultation period which can be started

only at one point in a fortnightly cycle. However, the licensing offices may be able to achieve

a five to seven week turn round (depending on when applications are received relative to

the fortnightly cycle).

3. Contracted providers will also need to consider how they maintain their operations

during the period while a PSV Operator Licence application is under consideration, including

whether to convert vehicles to carry fewer passengers or whether to enter into short-term

contractual arrangements with licensed operators.

4. It is likely to be feasible to convert most 10 to 16 seat minibuses to smaller capacity

passenger vehicles. Alternatively, some may be suitable for conversion to category C1

goods vehicles. If the conversion option is followed, the vehicles will need to be re-registered

via a DVLA process which normally takes about two weeks. Contracted providers will also

need to consult their insurer. DVSA has already indicated that it considers the capacity and

configuration of the vehicle when checked, as opposed to its documentation, when it is

stopped at a roadside check. This would be reinforced by proof the registration change

process is underway and that information has been sent to DVLA. In addition, category B

driving licences will (in general) be valid for the driving of passenger carrying vehicles with

a maximum laden weight of less than 3.5t and with up to nine seats (including the driver’s).

Likewise, driver CPC will not be needed for the driving of these vehicles.

Driver Licensing (D1 101 ‘NFHR’ Licences)

5. A full D1 licence is required to drive a 9-16 seat minibus ‘for hire or reward’ (i.e. for

profit). Driving licences obtained prior to June 1990 may have the code D1 101. This means

that the driver is not permitted to drive a 9-16 seat minibus ‘for hire or reward’ (though they

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/194259/PSV_Operator_Licensing_Guide.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/194259/PSV_Operator_Licensing_Guide.pdf

may be free to drive one in other circumstances). Conversion of such D1 101 ‘NFHR’

licences to full D1 licences involves two major processes:

• a D1 driving test must be passed, comprising both theory and practical parts; and

• medical examinations must be completed.

These processes are initiated by applying to DVLA for a provisional D1 entitlement. A driver

would first need to obtain a D4 medical report form. This must be completed by a doctor

(and in some cases an optician too) and accompanies the D2 application form for a

provisional D1 licence. The doctor is likely to charge for this. The processing time at DVLA

is approximately two weeks for drivers without relevant medical conditions. For drivers with

relevant medical conditions the further medical related procedures may take considerably

longer. Information about this process and the forms is available at:

https://www.gov.uk/become-lorry-bus-driver/applying-for-a-bus-or-lorry-provisional-

entitlement

6. Depending upon the level of demand from Community Rehabilitation Companies

DVSA may be able to make special arrangements for handling any bulge in tests, including

access to priority bookings. (CRCs should consult their contract managers if they wish to

explore this possibility, providing details as to how many people are likely to require tests,

at which locations and when.)

7. Finally if some CP vehicles could be classified as category C1 (known as “small

lorries”), which would involve them having space for eight passengers or fewer and a

maximum laden weight of 3.5t to 7.5t, some D1 101 NFHR licence holders may also have a

class C1 entitlement which does not have the blanket restriction preventing its use “for hire

and reward”.

Driver Certificate of Professional Competency

8. For drivers with a D1 (or D) licence, as opposed to a D1 101 entitlement, but not a

valid Driver CPC (and provided they are working in operations with an appropriate operator

licence) there is a choice of two potential routes for acquiring the driver CPC:-

(i) via the initial acquisition process. This has two parts – a theory module and a

practical module, which are normally done in conjunction with the acquisition of the

driving licence; or

(ii) via periodic training, which needs to be for a total of five days.

Information about both these routes is at: https://www.gov.uk/driver-certificate-of-

professional-competence-cpc. For periodic training, course and training provider details can

be found at http://www.jaupt.org.uk/Centre+and+Course+Search.

9. If any CRCs are interested in the possibility of becoming DCPC approved training

centres as an alternative, the process and requirements for this are explained on these

pages: https://www.gov.uk/provide-driver-cpc-periodic-training

https://www.gov.uk/become-lorry-bus-driver/applying-for-a-bus-or-lorry-provisional-entitlement

https://www.gov.uk/become-lorry-bus-driver/applying-for-a-bus-or-lorry-provisional-entitlement

https://www.gov.uk/driver-certificate-of-professional-competence-cpc

https://www.gov.uk/driver-certificate-of-professional-competence-cpc

http://www.jaupt.org.uk/Centre+and+Course+Search

https://www.gov.uk/provide-driver-cpc-periodic-training

10. For drivers with a D1 101 ‘NFHR’ licence, the route is to go via the initial acquisition

process. The extra modules can be booked alongside the practical and theory test modules.

The issue can be covered in the arrangements DVSA makes for the operation of the driving

test bookings.

11. DVSA have agreed with NOMS a proportionate approach to compliance with driver

CPC which will apply until 30 April. DfT have stressed that this proportionate approach

relates solely to driver CPC, not to driver or operator licensing.

12. The absence of a CPC qualification is unlikely to invalidate most commercial motor

insurance policies providing that the underlying driving licence is valid. Nevertheless, CRCs

should check their specific policies in consultation with their insurers.

Appendix G – COMMUNITY PAYBACK – Cost Reduction Guidance 1. Purpose of the Guidance 1.1 This guidance was originally issued by the National Offender Management Service (NOMS) to assist Community Payback providers1 to develop coherent cost reduction strategies when formulating their business plans for provision of the sentence. 2. Introduction. 2.1 Unpaid work or Community Payback is a sentence of the Court which requires service users to make reparation for their crimes by doing work which benefits the public and local communities. It is a punishment, which also provides community benefits and is potentially rehabilitative for offenders.

2.2 The Government’s response to the Transforming Rehabilitation consultation describes how the money spent dealing with service users can be used more effectively to achieve better rehabilitation outcomes. This guidance outlines how Community Payback delivery costs may be reduced, while meeting NOMS objectives and observing legal constrains. 2.3 Providers of Community Payback are able to reduce their costs by working in partnership with organisations which use unpaid work to benefit local communities. Cost reductions may be achieved in a number of ways, including:

- benefit in kind arrangements in which partner organisations undertake some direct supervision of suitable service users, under the overall management of the Community Payback provider;

- donations or financial contributions by the organisations benefiting from the work, for example donations of materials and equipment or monetary contributions towards the cost of service user supervision and other costs.

2.4 Given that Community Payback is a sentence of the court, where beneficiary organisations are able and prepared to make a contribution towards the cost of service user supervision, or other expenses incurred by the provider, it must be clear that this is a voluntary contribution and not a fee or charge for access to Community Payback. 3. Requirements

3.1 Cost reduction strategies should be able to satisfy the following criteria 3.2 Community Benefit – Community Payback must enable service users to ‘payback’ and provide a benefit for local communities. The benefits of Community Payback should be available to diverse communities. Members of the public, community groups, small charitable or voluntary organisations should not be precluded from accessing the benefits of Community Payback by the provider’s cost reduction strategy. Community benefit is more likely to be achieved when work projects are identified by members of the public. Cost reduction strategies must also not compromise the requirement to involve members of the public in the identification and nomination of work projects for service users. HMPPS contract managers will expect providers of Community Payback to direct a proportion of service user hours worked to projects identified by members of the public. Providers will also be required to respond to requests for Community Payback made by small charitable and voluntary organisations.

1 Community Payback providers are ‘providers of probation services’ as defined by Section 3 (6) of the Offender Management Act 2007

3.3 Nature of the Work Undertaken - Community Payback work by service users must be capable of providing a positive work environment for the service user which is decent, fair and respectful of service users’ personal integrity. Community Payback work must also be capable of meeting legal and regulatory obligations. These will include health and safety at work legislation and ECHR considerations. An important factor in this context is that the work should have the potential to promote the rehabilitation of service users. 3.4 Payment for service user Labour - If a beneficiary organisation agrees to make a financial contribution towards the cost of delivering Community Payback, it should be clear that this is a contribution towards the cost of service user supervision and other expenses incurred by the provider and not a payment for service user labour.

3.5 Displacement of Employment by Others - Community Payback work must not replace paid employment by others, but should add value to local communities by working on tasks which would not otherwise be undertaken in a timely manner. 3.6 Work with Commercial Private Sector Organisations - Providers of Community Payback should not engage with commercial organisations where there is a risk that service user work on Community Payback will contribute to private profit. It may however be appropriate to place service users with private sector organisations if the work undertaken provides benefit to the community and has a clear social purpose. 3.7 Work with Social Enterprises - HMPPS encourages providers of Community Payback to engage with social enterprises. Social enterprise organisations should be able to demonstrate reinvestment of any operating surplus in social causes. Reasonable assurance steps should be taken by Community Payback providers to confirm any surplus is treated in this way. This may require a sufficient level of transparency to identify the purposes to which any operating surpluses are directed. Care should be exercised in relation to the range of activities undertaken by social enterprises. It may not be appropriate for Community Payback to benefit social enterprise activities where a commercial relationship exists with a profit orientated private company. The latter may potentially benefit by deriving profit from free service user labour. 3.8 Distortion of Competition – Providers of Community Payback must ensure that service user labour does not confer any selective advantage to an organisation which may distort trade or commercial competition. 4. Accords with Beneficiary Organisations 4.1 Community Payback should be directed towards tasks which would not be undertaken, or undertaken in a timely manner without the free labour provided by service users. It is not appropriate for providers to enter into formal contracts with beneficiary organisations. Any service level agreements between Community Payback providers and beneficiaries must be clear that they do not constitute a contract and that service user labour is not supplied in the normal course of the Community Payback provider’s business, which relates to the provision of a community sentence. Potential beneficiaries of Community Payback should be made aware that Community Payback does not provide a skilled professional workforce. It is typically the unskilled labour of service users who are directed by the courts to ‘payback’ for their crimes. Providers of Community Payback undertake the management of this workforce, but are not able to bear contractual liability for the work carried out. 5. Contributions to the Cost of Community Payback 5.1 Following paragraph 2.4 above. If beneficiaries of Community Payback are able and prepared to make a contribution towards the cost of service user supervision or other expenses incurred by the provider, it should be clear this is a voluntary contribution and not a fee for service. The contribution by the beneficiary will not meet the provider’s full costs, which will additionally include service user management and administrative costs.

5.2 Providers are able to exercise discretion in relation to the deployment of Community Payback resources. There may be occasions when providers elect to give priority to work projects which are less costly to deliver, or help to meet the variable demands for Community Payback from the courts. As described in paragraph 3.2 above, providers must ensure that Community Payback hours are available to benefit communities and organisations which may not be in a position to contribute to delivery costs. 5.3 Whether VAT is attached to financial contributions to the cost of Community Payback delivery will depend upon the facts of each arrangement and may also be impacted by the VAT status of the Community Payback provider.

Appendix H

Unpaid Work Site Visit Audit - Template UPW Compliance visit undertaken by: ……………………………………………………….

Date of Site Visit: ……………………………………………………………………………………….

Name/Code of Site visited: …………………………………………………………………………

Type of work undertaken: …………………………………………………………………………..

Names/roles of staff on site: ………………………………………………………………

Number of SUs expected to attend: ……………………………………………………………

Area for observation

Questions Yes No Comments (including evidence/verification by CMT)

Group mustering arrangements

Have any SUs been stood down on the day, for operational reasons? (if so what time was credited to their UPW requirement on Delius and were the reasons recorded?)

Have any SUs arrived for the session, but did not stay for the entirety of the session? (if so has any time been credited to their UPW requirement on Delius?)

How do you assure the SU’s attending are the right person?

Attendee Information

Did the supervisor have adequate information regarding individual service users i.e. attendance list, risk level, type of risk (including offending behaviour) and needs information, OM name? Schedule 7 OSR 3, 10 & 11.

Was this information kept securely by the Supervisor to maintain confidentiality?

Did all the SUs expected attend the session?

Do any of the SU's have any diverse needs, have these been considered and action put in place to accommodate?

Is the UPW party a mixed group, if so, have the needs of the females been taken into account? Are they happy to be in a mixed gender group?

Publicity/Promotion Is there appropriate signage at the site to indicate this is a Community Payback project? Schedule 7 OSR9

Has there been any publicity (e.g. leaflet drops, media) to raise awareness that this is a Community Payback project?

Are the SUs participating in the Community Payback wearing Hi-vis jackets/vests with the Community Payback logo?

Are all staff supervising the work placement wearing appropriate hi-vis clothing? Schedule 7 OSR9

SU Behaviour and Supervision of Work Placement

Are the SUs being supervised appropriately and their behaviour being actively monitored?

Is the behaviour of the SUs acceptable and are they complying with instructions?

Has the UPW Supervisor had training in: dealing with aggressive behaviour………………… equality and diversity ………………………………….. performance management…………………………… placement management ……………………………… first aid ………………………………………………………… health and safety risk assessment ………………..

Yes Yes Yes Yes Yes Yes Yes Yes Yes

No No No No No No No No No

substance abuse awareness ………………………… appropriate child protection training……………. PREVENT Training

Is the nature of work being undertaken demanding and of benefit to the community? Service Element 3, OP1 and OP2 of CP Manual

Is the CRC providing "employment-related training" to the SU? If so is this provided by the CP Supervisor or a specific ETE provider? Is the training credited against UPW hours less than 20% of the total hours ordered? Schedule 7, OSR8 (iii)

Health and Safety Was a Health & Safety / risk assessment undertaken by a suitably trained and competent person, before work on the site taken place?

If so is it less than 12 months old or reviewed within the last 12 months? Was the supervisor aware of this and taking full account of it?

Have any imminent risks been identified that require immediate escalation?

Are SUs using the correct equipment and tools, and are these fit for purpose? Is appropriate PPE available and being used by all attendees at the site? Service Element 4, OP2, CP manual

Is the supervisor aware of any communication and duty systems in place to provide worksites with emergency support?

Have the SUs been given appropriate training and Health and Safety instructions for the tools/equipment being used?

If CRC transportation used is it fit for purpose i.e. seating and seatbelts, tool cage if carrying tools and equipment? Service Element 4, OP2, CP manual

Have the CP vehicles been fitted with trackers?

Do the CP supervisors have personal alarms?

Are appropriate emergency support arrangements in place for this site/work placement?

Follow-up data assurance, after the site visit

Have the correct times been credited for those in attendance?

Have all SU's had an OASys Risk of Serious Harm, or approved alternative screening completed before they are allocated to a work site?

Are any of the SU's assessed as High risk of serious harm (RoSH)? If so, has the risk escalation process be managed appropriately and been endorsed by the relevant National Probation Service Responsible Officer and rationale for the placement decision formally recorded?

Have warning letters/breach proceedings been instigated for SUs who failed to attend?

Has this Community Payback site been Quality Assured via an unannounced inspection from an UPW Manager in the last 12 months?

Have the Health and Safety Risk Assessments all audited/reviewed? (as per Pg23 of the UPW Manual, that states 10% of assessments should be audited).

Appendix I DWP

Mandatory and Voluntary Activities supported by the Job Centre Work Coach

Support

Mandatory

Work Search Requirements

To satisfy the ‘All reasonable action’ requirement, claimants must either— spend at least 35 hours, if they are expected to take up full-time work on activities or satisfy their Work Coach that they have taken all reasonable action to find paid work. Claimants in required to look for, prepare for or plan for work are required to attend and participate in work focused interviews. Other actions will include:

• carrying out work searches; • making applications; • creating and maintaining an online profile; • registering with an employment agency; • seeking references; • any other actions which reasonably increase the likelihood of

obtaining employment.

Work Preparation

• attending a skills assessment • improving personal presentation • taking part in training • taking part in programmes or provision • undertaking work experience or a work placement • developing a business plan • searching for and undertaking Voluntary work

This list is not exhaustive, claimants can also undertake any other work-related activity depending on their circumstances.

Support Voluntary

Sector- based Work Academy

Claimants in Scotland and England – all claimants aged 18yrs + for a duration of up to 6 weeks.

Traineeship

England only – for claimants aged 16-24yrs old. Duration of 6 weeks to 6 months

Work

Experience

For all claimants aged 18yrs +. Duration of 2-8 weeks for between 25-

30hrs per week.

Movement to

Work

Open to claimants 18-24yrs old who are not in education. Duration 4-6

weeks

New Enterprise

Allowance

Open to all claimants 18yrs +

Fair Start Scotland only – pre employment support for 12 months and in-work

support for 12 months

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