Community Payback Practice Guidance
Community PaybackPractice Guidance:Good practice when deliveringthe sentence of Unpaid WorkEdition 4 March 2019Community Payback Practice Guidance Edition 4 March 2019Page1
CONTENTSINTRODUCTIONOverview of Unpaid Work and Community PaybackCore principlesThe Unpaid Work ProcessPage 3Page 5Page 6SECTION ONE – PLACEMENTSPlacement arranged and managedTravel TimeFinancial contributions/ income generationQuality AssurancePreventing Stand downsSafe working EnvironmentVehicles and equipmentPage 7Page 8Page 9Page 10Page 11Page 11Page 13SECTION TWO – STAFFStaff are trained and supportedModelling Good BehaviourPage 14Page 15SECTION THREE – PROMOTING UNPAID WORKCommunity NominationSupporting Court SentencingPage 16Page 17SECTION FOUR: DELIVERING COMMUNITY PAYBACK HOURSAssessing RiskAllocating National Probation Service – Retained personsInduction and needs assessmentWork InstructionsTraining & Employment OpportunitiesDiverse needs of service usersReview ProgressRequirement Completed within 12 monthsEnforcement and compliancePage 18Page 20Page 21Page 24Page 26Page 28Page 30Page 31Page 32REFERENCESPage 33APPENDICESPage 34Community Payback Practice Guidance Edition 4 - 2019P a g e 2 61
INTRODUCTIONGood PracticeThe Community Payback Practice Guidance replaces previous editions of the‘Community Payback Operating Manual’. It is not mandated unless specified and isprovided as good practice, to enable providers to deliver a quality Community Paybackintervention. Related contractual requirements are listed within text boxes throughout thisdocument.This guidance emphasises the importance of a comprehensive risk and needsassessment at the start of the requirement. The assessment supports allocation of theservice user to a work placement that best manages their risks but also providesopportunities to address their needs. Desistance research indicates that a workplacement that helps to address need is also likely to optimise compliance and betterexploit the rehabilitative potential of the sentence1. A range of placements that are seento 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 localconditions or differing operating models. However, this guidance sets out the bestcommon standards that apply to all schemes and outlines the ‘good practice’ factorshave been found to improve the rehabilitative effect of unpaid work 2 Work that is experienced as useful and rewarding Opportunities to develop employment-related skills Staff following the principles of pro-social modelling, demonstrating goodbehaviours Providing clear information and consistent application of the rules Commencing the work promptly and being able to work regularlyOverview of Unpaid Work and Community Paybacki.Unpaid Work as a sentence of the Courts started in 1973 as The CommunityService Order. The Criminal Justice and Court Services Act 2000 renamedthe Community Service Order as a Community Punishment Order.ii.Community Payback was launched in 2005 to promote public awarenessand understanding of the Unpaid Work requirement. This has been done byfocusing on greater visibility, raising public understanding of the sentenceand giving the public a chance to nominate work projects. The main purposeof this activity has been to improve public confidence in Community Paybackand other community sentences. The Justice Seen, Justice Done campaignduring 2009/10 significantly raised the profile of Community Payback.Research tracking the campaign found that public awareness of CommunityPayback increased from 49% in November 2008 to 74% in early 2010iii.Community Payback is the term used to refer to any work done as part of anUnpaid Work requirement within a Community Sentence or SuspendedSentence Order. It also refers to the organisational structures required toCommunity Payback Practice Guidance Edition 4 - 2019P a g e 3 61
deliver Unpaid Work in the community. The term should be used to describeteams or units, on websites and in any promotional material. The sentenceof the court remains an Unpaid Work Requirement (imposed as part of acourt order) which is set by the legislation.iv.The Criminal Justice Act 2003 created the Community Order, a sentencethat can be made up of one or more requirements; Unpaid Work is one ofthese requirements. The same requirements apply to the suspendedsentence 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-SentenceSupervision (PSS). The Court can impose a Supervision Default Order(SDO) for failure to comply with PSS and this can include an Unpaid Workrequirement of between 20 and 60 hours. PI 24/2014 provides further detailson enforcing PSS.vi.All Community Payback hours imposed as part of an SDO must becompleted before the end of the PSS which cannot be extended. A failure tocomplete the hours would constitute a breach and appropriate enforcementaction 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 anEnforcement Order, imposed as a penalty for breach of a Child Contactorder. A Contact Order under the Children Act 19894 imposes a legalobligation upon the person with whom a child lives (a.k.a. the residentparent) to let the child in question have contact with the person specified inthe order. A child Contact Order can be made to give children the right tosee both of their parents and enable a continued relationship to existbetween them. Further information in relation to enforcement orders can befound in PI 07/2016 – AI 07/2016 – Enforcement Orders,viii.Unpaid Work is also available as a sentence of The Courts Martial. Providersof Unpaid Work are responsible for making the sentence available to theCriminal, Civil and Military courts. PI 20/2014 explains the procedures to befollowed when Service Community or Suspended Sentence Orders areimposed by The Courts Martial.ix.Unpaid work is not available as a condition of a licence on release from aprison sentence.x.Community Payback should be seen by the public to be a crediblepunishment providing reparation to the community. The punishment aspectof Community Payback is inseparable from the rehabilitative potential of thesentence. Reparation and rehabilitation can include learning basicemployment skills through a positive work experience but also theopportunity to gain vocational or skills based training.Community Payback Practice Guidance Edition 4 - 2019P a g e 4 61
Core Principles Credible Punishment - Community Payback is primarily a punishment withrehabilitation 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 aspectsof a community order, including the acquisition of employment related skills, suchas timekeeping and working cooperatively with others. It has significant restorativepotential, realised by engaging service users in positive activities which providetangible 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 theresponsibility of all providers involved in delivering Community Payback. Public Involvement - The community should have the ability to nominate workprojects that can be undertaken and to receive feedback on progress of the work. Reparation to the Community and Community Benefit - Community Paybackhours should enable service users to make reparation to communities in aconstructive and suitably demanding way. Placements should be ‘local’ to theservice users, meaning that they should not normally travel more than 90 minuteseach way from home to the initial worksite. Of the 90 minutes each way, amaximum of 60 minutes each way can be counted under supervision, travelling ina Community Payback vehicle. The work should be seen to be constructive and ofbenefit to the community and encourage a sense of pride in a job well done. Paid Work by Others and Income Generation - Community Payback should notdirectly replace paid employment by others, but may add value to the workundertaken by public bodies and voluntary, community and social enterpriseorganisations. Where possible providers should seek to reduce costs by workingwith appropriate partner organisations. Providers must ensure that State AidRegulations and forced labour conventions such as Article 4 of the EuropeanConvention on Human Rights3 are not infringed and that beneficiaries are notexploiting competitive advantage by the provision of free labour.Community Payback Practice Guidance Edition 4 - 2019P a g e 5 61
The Unpaid Work ProcessThe following flow diagram outlines the key stages and required actions for delivery ofthe Unpaid Work order although the means of delivery may vary with differing operationaldelivery models.Community Payback Practice Guidance Edition 4 - 2019P a g e 6 61
SECTION ONE – PLACEMENTSPlacement Arranged and Managed1.1. A well-run Community Payback scheme will ensure that a sufficient number andrange of placements are available to meet the demands of the Court. This is afundamental principle that enables all aspects of the sentence to functionappropriately. The range of placements will fulfil the core principles of CommunityPayback and present a credible punishment which also provides the opportunity forreparation and rehabilitation. Swift allocation to a placement that meets the Riskand needs of the service user while delivering these core principles is key to a goodquality service.1.2. The contract stipulates that high visibility tabards with the Community Payback logoon the front and the words Community Payback (bilingual for Welsh areas) on theback must be worn by service users. This instruction applies to all service usersover 18 years of age and includes sentences passed by the Court Martial. It doesnot include people undertaking Unpaid Work as a requirement of an EnforcementOrders under the Children and Adoption Act 2006 who are not required to wear highvisibility tabards and who must not be worked with service users on projects wherethe tabards are being worn. All other mandatory requirements of UnpaidWork/Community Payback are applicable to an Enforcement Order.CONTRACT REQUIREMENTSOSR 9 - The Contractor shall ensure that Unpaid Work is visible to the public and made visible by Allocatedand 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 placethe public at risk of harmii) Allocated and Retained Persons are subject to an Enforcement Order; oriii) the beneficiary of the work reasonably believes that to make the work visible would be detrimental totheir business interests or organisational objectives.1.3. Community Payback tabards must be worn unless the work placement riskassessment identifies their use would pose a potential risk of harm to members ofthe public, staff or service users. A decision not to use the tabards must beendorsed by a manager and the basis for the decision recorded. Alternative meansof bringing the project to the attention of the public may be employed1.4. When identifying suitable work projects, priority should be given to those projectswhich provide outdoor work suitable for being made visible to the public. A range ofindoor work projects should also be available for use in adverse weather conditionsand 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 issupervising the work group.Community Payback Practice Guidance Edition 4 - 2019P a g e 7 61
1.6. Beneficiaries of Community Payback work will be made aware of the purpose of thetabards. Any request to exempt a project from the use of the tabards must only beagreed where convincing evidence is provided based on health and safetyconcerns, business risk to the beneficiary or suitability of the placement.1.7. All Community Payback work will be beneficial to local communities. This contractrequirement is likely to be met where the project has been identified by members ofthe local community, Police Crime Commissioners, Community Safety Partnershipsor similar bodies. All work projects should be seen to provide genuine benefit to thelocal community or disadvantaged groups.CONTRACT REQUIREMENTSOSR 5 - Where an Applicable Person is subject to an Unpaid Work Requirement the Contractor shallensure that the work is of benefit to the local community.1.8. Community Payback work should not involve any activity which could be interpretedas direct personal care or supervision of a child or vulnerable adult, or regulatedactivity as defined by the Protection of Freedoms Act 2012. Beneficiary agenciesmust understand that service users should not be allowed or expected to performsuch tasks.Travelling Time1.9. Under normal circumstances, to ensure delivery of the sentence of the court andsentencer confidence, service users should not be expected to spend excessivetime travelling to a work site or pick up location. It is considered to be good practicefor travel time to kept within 90 minutes from home to the worksite, including thetime, counted as part of the order, travelling in a Community Payback vehicle. Themaximum travel time travelling under supervision, that is considered reasonable tobe credited against Unpaid Work Hours, is 60 minutes each way. In practice, thismean that where more than 30 minutes is spent travelling to a pick-up point thereshould be a corresponding reduction in time spend in a Community Payback vehiclebeing transported to the initial work site and conversely there can be a maximum 90minutes 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 ofwork placements should mean that in most cases a service user will spend far lessthan 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 plansmust 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 themaximum time allowed but may contribute to an exceptional circumstance; e.g.where a group is unavoidable cancelled and service users are transported to aneighbouring area. Exceptional circumstances are likely to be one-off or short livedCommunity Payback Practice Guidance Edition 4 - 2019P a g e 8 61
practical difficulty or a practice decision that is required for public protectionpurposes. This could, for example, include known gang association and the need tolocate an individual in a separate geographical location or away from other serviceusers. The reason for extended travel time must be recorded on the casemanagement system and endorsed by a manager.1.12. It is not appropriate for travel time to be credited towards the sentence whenservice users are not under supervision. Travelling under supervision, for examplein Community Payback transport, can be counted in full towards the sentence.Financial Contributions/ Income Generation1.13. A well-run Community Payback scheme will seek to reduce the cost of delivery ofthe sentence by requesting contributions towards materials and wherever possiblethat suitable beneficiary organisations contribute towards the cost of supervision.Contribution may be financial or ‘in kind’ through, for example, the provision of staffto supervise work undertaken. This could involve service level agreements withlocal authorities, other public bodies or social enterprises. Projects nominated bylocal community groups or charitable organisations must not be turned downbecause they are not able to compete financially.1.14. Providers will be aware of the legal and contractual requirement to ensure that anyincome generation does not breach State Aid regulations or constitute forced labourunder the International Labour Organisation Convention 29 and EuropeanConvention on Human Rights.1.15. Community Payback should not directly replace paid employment but may addvalue to the work undertaken by public bodies and voluntary organisations. This isnot always a straightforward judgement but those responsible for assessingplacements must satisfy themselves that where the beneficiary has a responsibilityfor undertaking the work the Community Payback contribution is adding capacityand not substituting current paid employment. Providers must ensure thatbeneficiaries are not exploiting competitive advantage by the provision of freelabour.1.16. Unpaid Work Providers are subject to specific contractual obligations in relation todelivery of Community Payback including in relation to income generation, which ismonitored by contract managersCONTRACT REQUIREMENTS3.2 (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 towardsthe 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 legalobligations including, among others, the State Aid Regulations and the European Convention on HumanRights.Community Payback Practice Guidance Edition 4 - 2019P a g e 9 61
Quality Assurance1.17. A well-run Community Payback scheme will assure the quality of both the workplacement and delivery activities within the community. A quality assuranceframework will incorporate an assurance plan that includes routine andunannounced checks of Community Payback work sites. A sample form for worksitechecks is included in appendix H. An overview of the competence of staffsupervising group activities should be undertaken by suitably qualified staffresponsible for quality assurance.1.18. All Community Payback work placements must be assessed to identify relevantrisk related information and to ensure minimum placement quality standards aremet. This assessment should be recorded and available for reference. A sampletemplate Community Payback Work Placement and Work Provider Agreement isprovided at Appendix A. This or a similar form can be used to identify placementqualities and the actions required of the beneficiary. The agreement should bereviewed and amended when there is a significant change in placement, or thenature of the work undertaken.1.19. It is good practice to feedback to the Responsible Officer how the service userresponded to the requirement at completion of the order.1.20. Good practice suggests that a sample of Placement Assessment and WorkProvider Agreements should be audited each year to ensure that quality standardscontinue to be met. Health and Safety Risk Assessments should be audited byappropriately qualified staff each year, and at the point of an accident, near miss orchange of circumstances, in line with Health and Safety legislation.1.21. Providers will work with beneficiaries and others involved in the delivery ofCommunity Payback to create a positive and pro-social working environment. Whenassessing potential Community Payback work placements, the purposes andactivities of the beneficiary organisation should be consistent with the principles ofvaluing equality, diversity, social inclusion and justice. Th
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
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