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Fife Council - Criminal Justice Social Work

Fife Council - Criminal Justice Social Work

Moving Forward Making Changes Programme (MFMC) and Offender Risk and Needs Assessment and Management Planning Method Level of Service Case Management Inventory (LS/CMI)

Privacy Notice

  1. Purpose of the processing and the legal basis for the processing:

    Fife Council Criminal Justice Social Work Service (CJSW) uses your personal information for the purpose of planning and delivering criminal justice social work services within Fife.

    MFMC is a treatment programme for males aged over 18 who have been convicted of a sexual offence or a non-sexual offence which is aggravated by a sexual element, and who have been assessed as having a medium risk and above of committing a similar offence in the future.  The programme has been developed specifically to be delivered in both community and custodial settings.  This should ensure that programme attendees are able to continue their treatment within a community setting after release from prison. The programme seeks to assist clients to better understand their offending behaviours and to help in their desistance from committing similar offences in the future.

    We gather information within the MFMC application to:

    • Help monitor your progress on the programme, including your compliance, and to record what modules you have successfully completed.
    • Help us understand if your behaviour creates a risk to you or others in the future.
    • Help us understand what your needs are regarding rehabilitation and case management.

    The Offender Risk and Needs Assessment and Management Planning Method (LS/CMI) is a general offending assessment and management planning method that can be used for any person aged 16 years or over who has been convicted by a Court of Law.  It helps assessors explore the pattern, nature and seriousness of a person’s offending, as well as identifying factors which may be associated with reoffending, and any other issues not necessarily linked to offending which may need to be addressed during a period of supervision or intervention by Justice Social Work Scotland or by the Scottish Prison Service.

    We gather information within LS/CMI to help decide if you need Social Work intervention and also:

    • To help decide how much supervision is required (the level of service).
    • To help decide what the focus of any period of supervision or intervention would be.
    • To help monitor the progress of the person who is subject to supervision.
    • To help decide if your behaviour creates a risk to you or others in the future.
    • To help assess your individual needs regarding rehabilitation and case management.
    • To help monitor your compliance with any order imposed upon you by the Court.
    • The information gathered about you contributes to your individual Criminal Justice Social Work Report.

    Fife Council has a statutory duty under the Social Work (Scotland) Act 1968, the Management of Offenders Act (Scotland) 2005, the Children and Young People (Scotland) Act 2014, the Local Government in Scotland Act 2003 and the Rehabilitation of Offenders Act 1974 in relation to criminal justice social work services and our legal basis for processing your information is:

    Legal basis under UK GDPR for sharing personal data:

    Personal data

    UK GDPR Article 6

    Special categories personal data

    UK GDPR Article 9 (may not apply in every case)

    6(1)(c) – processing is necessary for compliance with a legal obligation

    9(2)(c) – processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent

    6(1)(d) - processing is necessary in order to protect the vital interests of the data subject or of another natural person

    9(2)(b) - processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

    6(1)(e) – processing is necessary for the performance of a task carried out in the public interest

    9(2)(g) – processing is necessary for reasons of substantial public interest on the basis of Union or Member State law which is proportionate to the aim pursued and which contains appropriate safeguards

     

    9(2)(j) – processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes

  2. The personal information we gather and use about you can be found here: www.fife.gov.uk/privacy/criminaljusticesocialwork
  3. Recipients or categories of recipients of the personal data:

Any information shared will only be necessary information, and only shared with people who have a legitimate interest and need to know. For example, this could be Police Scotland, your GP, a Social Worker, a Housing Support Officer, a Psychologist, a Case Manager, as part of a formal transfer process of your case to another Local Authority area or Scottish Prison establishment and to any other relevant professional involved in your supervision or progression.

We may need to share information about you with relevant agencies and other relevant professionals in the following circumstances:

  • There are concerns about a risk of harm to individuals, groups/communities or the general public or to public safety.
  • There is a need to prevent, detect or prosecute a serious crime.
  • You have told us about historical abuse from when you were a child where there might still be ongoing risk posed to children from the same perpetrator.
  • A Court has instructed us to do so.
  1. The source the personal data originates from and whether it came from publicly accessible sources:

We may receive information about you directly from yourself, from the Scottish Courts as part of your Court Order or via Police Scotland, your GP, a Social Worker, a Housing Support Officer, a Psychologist, a Case Manager, as part of a formal transfer process of your case to another Local Authority area or Scottish Prison establishment or any other relevant professional involved in your supervision or progression.

For the LS/CMI method, the private and sensitive information about you will be stored electronically within an IT system called the Level of Service Case Management Inventory.  A section of that IT system is dedicated to the MFMC Programme.  This IT system is password protected, and only authorised users can access it.

Your information is kept for the duration of any order imposed by the Court.  Once your order is finished, there are rules about how long your information can be kept for.  Your Social Worker will be able to tell you what these rules are.  The Council has a retention schedule which sets out how long we hold different types of information.

Information gathered may be used to help understand the range of criminal convictions in Scotland, what sentences have been imposed for those by the Courts and how effective those sentences have been in reducing re-offending and supporting rehabilitation.  You as an individual will not be identified for these purposes and this use will not impact on your supervision or case.

In the event that we did not process your personal information, then it would not be possible to carry out our statutory functions.

For further information on how we process your data in relation to Criminal Justice Services, please go to:

www.fife.gov.uk/privacy/criminaljusticesocialwork