The Offender Risk and Needs Assessment and Management Planning Method 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.
Data Privacy Statement
This Data Privacy Notice is issued by Argyll and Bute Council.
All organisations working with people keep records. Social Workers have to collect and keep private and sensitive information about you under the Social Work (Scotland) Act 1968, the Management of Offenders Act (Scotland) 2005, the Children and Young People (Scotland) Act 2014 and the Local Government in Scotland Act 2003.
The private and sensitive information about you will be stored electronically within an IT system called the Level of Service Case Management Inventory (LS/CMI). This IT system is password protected and only authorised users can access it.
The outcome from Court will determine how long information about you is kept. Each Local Authority has their own rules about how long information about you is kept and your Social Worker should be able to tell you what these rules are (it is usually 5 years).
We gather information 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.
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.
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.
Your information is protected by law (Data Protection Legislation as defined by the Data Protection Act 2018 and the UK General Data Protection Regulation; the Freedom of Information (Scotland) Act 2002 and the Human Rights Act 1998, Rehabilitation of Offenders Act 1974 and the Management of Offenders etc. (Scotland) Act 2005). Any information shared will only be necessary information, and only shared with people who have a legitimate interest and need to know. This could be Police Scotland, your GP, a Social Worker, a Housing Support Officer, a Psychologist or 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.
Legal basis under UK GDPR for sharing 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
You have the right to ask to see the information that is held about you. You can only see information about you. If information held about you is inaccurate, you have the right to request it is amended. You can contact our Data Protection Officer at:
Data Protection Officer
Address: Iain Jackson, Governance and Risk Manager, Argyll and Bute Council, Governance and Law, Kilmory, Lochgilphead PA31 8RT
Telephone: 01546 604188 or 01546 605522
If you wish to raise a concern regarding the handling of your data you can contact:
The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Tel: 08456 30 60 60