Category: Scotland

Community sentencing

Community sentences in Scotland are most commonly delivered through Community Payback Orders (CPOs), which allow people who have committed offences to be punished in a way that also benefits the community and addresses the causes of their offending. Before a judge can usually impose a CPO, they must first receive a report from a criminal justice social worker. This report provides important background information about the individual, including their previous convictions, their likelihood of reoffending, their personal circumstances, their health, and what support they may need to change their behaviour. There are limited exceptions to this requirement, such as when the unpaid work or activity requirement is at the lowest level, between 20 and 100 hours, or when the order is imposed because a fine has not been paid.

Once a CPO is made, a criminal justice social worker employed by the local authority is responsible for supervising it. Their role is not only to monitor compliance but also to work with the individual to reduce future offending. In carrying out this role, the social worker may need to consult with a range of other organisations, including judges, Police Scotland, voluntary agencies, community councils and victim support groups. This reflects the idea that community sentences are not only about punishment but also about public protection and rehabilitation.

A Community Payback Order can include up to ten different requirements, and the judge decides which of these should be used in each case. The choice depends on the nature of the offence and on what measures are most likely to prevent further criminal behaviour. The most common requirement is unpaid work, which can range from 20 to 300 hours. This work is intended to benefit local communities and can include activities such as cleaning public spaces, redecorating community buildings, gardening in parks, helping in charity shops, or delivering furniture and goods to vulnerable people. Unpaid work may also involve activities designed to improve employability, such as learning new skills or receiving help with writing a curriculum vitae.

Another frequently used requirement is supervision. Under this condition, the person must attend regular meetings with a criminal justice social worker. These sessions focus on identifying the reasons behind their offending and helping them develop better decision-making skills. Supervision also allows the social worker to check whether the individual is complying with the rest of the order. In some cases, the court may include a compensation requirement, which obliges the person to pay money to their victim for injury, distress or damage to property.

Judges can also impose programme requirements, which involve attending structured courses arranged by social workers. These programmes are designed to tackle offending behaviour and often focus on issues such as substance misuse or anger management. A residence requirement may be used to ensure stability, for example by ordering the person to live at a particular address, such as with their parents. Conduct requirements allow the court to place specific restrictions on behaviour, such as prohibiting someone convicted of shoplifting from entering a particular shop. These are only used when the judge believes they will help prevent further offences.

In more serious cases, restricted movement requirements can be imposed. These may involve a curfew, requiring the person to remain at a certain address for up to twelve hours a day, or an exclusion condition that keeps them away from a specific place for up to twenty-four hours a day. Such restrictions can last for up to twelve months and are designed to reduce opportunities for further offending.

Three of the possible requirements focus on treatment for underlying problems linked to criminal behaviour: mental health, drugs and alcohol. If a person has a diagnosed mental health condition that contributes to their offending, they may be ordered to receive treatment such as counselling, clinic appointments or, in some cases, hospital care. Where drug misuse is a factor, the court can require attendance at clinics or hospitals to address addiction. Similarly, if alcohol misuse is connected to the offence, the person may be required to attend counselling or treatment services.

Overall, Community Payback Orders aim to balance punishment with rehabilitation. By combining practical consequences, such as unpaid work and restrictions, with support through supervision and treatment, CPOs seek to reduce reoffending while allowing individuals to remain in the community and make amends for the harm they have caused.

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The Importance of Workplace Learning for Social Workers

Workplace learning is a crucial element for the ongoing professional development of social workers across their careers. Drawing on recent empirical evidence from Scotland, it becomes clear that learning through practice in the workplace offers rich opportunities that are often undervalued or under-recognised both by individuals and by the organisations that employ them. Understanding the complexity of how social workers learn through daily tasks and in diverse workplace settings invites a reconceptualisation of workplace learning strategies. This Insight seeks to highlight the importance of recognising and intentionally supporting learning in the workplace as a fundamental component of professional growth for social workers.

Social work education and continuous professional development are shaped by varying frameworks and regulatory structures across the UK. In Scotland, the Scottish Social Services Council (SSSC) regulates both qualifying education and continuing professional learning requirements. Although there are requirements for ongoing learning to maintain registration, there is no formal post-qualifying learning framework, creating inconsistencies in access to learning opportunities. Ongoing changes, such as the move toward a National Care Service, add to the uncertainty and highlight the need for a structured approach to workplace learning that appreciates the ambiguous and dynamic nature of social work roles and tasks.

Social work learning is usually understood to include the development of skills and competences which enable practitioners to undertake a role which is rooted in human rights and social justice, where ethical practice needs to be negotiated within a work role where there are competing moral, legal, organisational and policy demands.
(Ferguson, 2021, p20)

Understanding how social workers learn within the workplace environment requires a multi-dimensional view. Influences include the ways organisations support learning, how individuals perceive their learning needs, and how professional learning and development are balanced across formal, informal, and self-directed activities. Workplace learning is often shaped by broader theories from adult education and learning culture research. Experiential and reflective learning is central to social work practice, where autonomy, motivation, and the emotional and physical realities of work deeply influence how learning occurs. Learning environments can either enable or restrict development depending on how workplaces are structured and how tasks are allocated and supported.

Workplace learning theories offer valuable perspectives in understanding social workers’ professional development. Theories emphasise that workplaces can be expansive or restrictive in offering learning opportunities. Models such as those by Illeris stress the interplay between individual and organisational factors, suggesting that work tasks and environments dynamically influence learning. For social workers, the diversity of tasks and settings means that their learning experiences are uniquely complex compared to many other professions.

Social workers’ learning experiences are best conceptualised as a web of sensory and emotional engagements across spaces and tasks. Themes such as the journey of self, learning through others, and learning by chance weave together individual learning narratives. Understanding this intricate web can inform effective strategies for professional development and organisational planning.

Professional development for social workers is a continuous personal journey rather than a checklist of skills. Embodied experiences, personal motivation, and the integration of professional identity with personal values are central to how learning is experienced. Social workers often navigate feelings of both readiness and unreadiness throughout their careers, reflecting the complexity and demands of the profession. Workplace learning is not static but evolves in tandem with personal biography and professional experiences.

The diverse and often extraordinary nature of social work workplaces further enriches learning. Settings such as hospital wards, courtrooms, and private homes expose social workers to intense physical and emotional experiences. Sensory experiences—smells, sounds, textures—play a significant role in how social workers learn and reflect on practice. Moreover, the legislative and policy context, organisational cultures, and the degree of physical proximity to other social workers all influence learning environments.

You have to think through your senses … thinking about domestic violence, parental substance misuse, what children’s lived experiences are, a lot of that comes through your senses. You can’t pin it down to what you know, to what you see, it’s what you feel, what you smell, all these different things and you know this is just as, if not more, important than some of the bigger grandiose stuff.
(Danny, in Ferguson, 2021, p151)

The complexity of practice tasks also shapes learning. Social workers frequently deal with unpredictable, high-stakes situations where there are no clear right or wrong answers. Through practice, they learn to navigate moral, legal, and organisational tensions. The immediacy and seriousness of their responsibilities—often involving life-altering decisions—underscore the importance of experiential learning that formal training alone cannot replicate.

There’s not a rule book you know, we have all got these practice guidelines and things like that but when it comes down to the minutiae there is not a yes or a right answer for lots of things that we do… sometimes if we do the same thing twice some people might say that one was right and that one wasn’t right.
(Boab, in Ferguson, 2021, p92)

Learning from those who use social work services is a foundational component of professional learning. Direct engagement with individuals, children, families, and communities provides critical insights into human experiences, risks, and realities that textbooks cannot convey. Through these interactions, social workers develop a deeper understanding of social contexts, family dynamics, and the consequences of systemic neglect or support.

The role of peer learning is another vital element. Formal and informal interactions with other social workers significantly contribute to professional identity formation and skill development. However, changes in organisational structures and the rise of multi-professional environments have reduced opportunities for social workers to learn exclusively with and from each other. This highlights a need for dedicated spaces for social worker-specific learning alongside interdisciplinary education.

Physical and emotional labour are often underestimated aspects of social workers’ learning. Navigating high-stress environments and emotionally charged situations requires more than technical knowledge; it demands resilience, emotional intelligence, and bodily awareness. Sensory experiences and emotional responses are integral to critical reflection and long-term professional growth. Negative emotions such as fear, anxiety, and shock often shape profound learning moments and underscore the challenges inherent in the role.

Significant elements of social workers’ learning often happen by chance. Where a social worker is placed, the tasks they are assigned, and the colleagues they interact with can have lasting impacts on their professional trajectory. Current planning around placements and task allocation can be inconsistent, leading to variable learning opportunities. Recognising and addressing this randomness can strengthen professional development structures and create more cohesive learning pathways.

Finally, organisational practices have a crucial role in enhancing workplace learning. Despite rhetoric recognising broad approaches to learning, organisations often default to mandatory, generic training as the primary model for professional development. Research suggests that integrating workplace learning more fully into strategic planning and recognising its value as part of daily practice can improve outcomes. Effective workplace learning practices include thoughtful allocation of tasks, support for reflective practice, and encouragement of peer learning.

Social workers undertake extraordinary work in challenging and diverse environments. Their learning is not incidental but deeply embedded in the daily practice of their roles. Recognising, supporting, and strategically planning for workplace learning are critical to fostering resilient, skilled, and reflective practitioners. Understanding workplace learning as an essential—not peripheral—part of professional development can ensure that social workers are better equipped to meet the evolving demands of their profession and the needs of the communities they serve.

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The Evolution of Social Work in Scotland: From Radical Vision to Contemporary Challenges

The history of social work in Scotland over the past forty years has been shaped by two major reports: Social Work and the Community (1966) and Changing Lives (2006). These documents represent key moments in the evolution of a profession that has struggled to maintain its identity and influence while adapting to shifting political, social, and economic landscapes. The transformation of Scottish social work from a radical vision of social equality to a profession increasingly bound by bureaucratic constraints and market-driven policies encapsulates broader trends in welfare provision.

The publication of Social Work and the Community in 1966 marked the beginning of modern social work in Scotland. It was a time of optimism and reform, inspired by the Kilbrandon Report of 1964, which emphasized the need for a unified and proactive approach to addressing social problems. The report envisioned social work as a force for social change, capable of tackling not only individual issues but broader societal inequalities. Unlike the reforms in England and Wales, Scotland’s approach was notably radical, seeking not just to streamline services but to create a profession deeply embedded in community welfare and activism.

The 1968 Social Work (Scotland) Act formalized this vision, establishing social work as a single, unified profession encompassing various specialist roles, including probation officers, child welfare workers, and psychiatric social workers. The Act also introduced Children’s Panels, a distinctive Scottish institution that replaced juvenile courts with a welfare-oriented approach to dealing with young offenders. These reforms positioned Scotland at the forefront of progressive social policy, earning admiration for their coherence and ambition. The creation of a unified social work profession was a significant step forward, one that promised greater efficiency, improved service coordination, and a holistic approach to social welfare.

However, the success of the profession was contingent upon maintaining strong political alliances, particularly with regional governments and the Scottish Office. The Association of Directors of Social Work (ADSW), established in 1969, played a critical role in shaping policy and advocating for the profession. Throughout the 1970s and 1980s, social work departments enjoyed considerable influence, particularly within the large regional councils such as Strathclyde. These councils championed social work as a tool for addressing poverty and social injustice, reinforcing the profession’s ideological commitment to state-led welfare provision. Regional councils provided the structural backbone for social work, allowing it to integrate effectively with other public services, such as education and housing, ensuring a coordinated response to social issues.

The 1980s, however, introduced a series of challenges that tested the resilience of Scottish social work. The Thatcher government’s policies of privatization and reduced public spending threatened the foundational principles of the 1968 Act. While Scottish social work had initially resisted the tide of market-driven reforms, the introduction of the Griffiths Report in 1988 marked a turning point. The report advocated for a mixed economy of care, shifting responsibilities from the state to voluntary and private providers. While ADSW initially opposed these changes, it ultimately had to adapt to the new reality, signaling a departure from the profession’s original vision of comprehensive state provision. This shift was not just ideological but practical, as funding constraints made it increasingly difficult for local authorities to sustain public service dominance.

Further crises in the early 1990s compounded social work’s difficulties. The Orkney child abuse case of 1991, in which children were removed from their homes based on unproven allegations of satanic ritual abuse, severely damaged public trust in the profession. The subsequent Clyde Report (1992) criticized social workers for overreach and lack of accountability, leading to increased scrutiny and regulation. This period marked the beginning of a shift away from professional autonomy toward greater bureaucratic oversight. The media portrayal of social workers as overzealous and intrusive further eroded public confidence, making it more challenging for social work departments to operate without intense scrutiny.

By the mid-1990s, the landscape of Scottish social work had changed dramatically. The dissolution of regional councils in 1996 fragmented the profession, creating 32 smaller local authorities with varying levels of resources and expertise. The abolition of the requirement for local authorities to appoint a professionally qualified Director of Social Work further diminished the profession’s standing. No longer at the ‘top table’ of government, social work became increasingly subordinate to managerial and financial constraints, limiting its ability to act as a transformative force in society. Local authorities struggled to maintain the same level of service provision, as smaller budgets and fewer resources led to a more reactive rather than proactive approach.

Against this backdrop, the publication of Changing Lives in 2006 sought to redefine social work for the 21st century. While the report reaffirmed the importance of a generic profession with a distinct body of knowledge and skills, it also acknowledged the numerous challenges facing social workers. These included excessive bureaucracy, unrealistic public expectations, and a lack of professional confidence. Unlike the 1966 report, which positioned social work as a driver of social change, Changing Lives emphasized a more pragmatic approach—focusing on targeted, individualized interventions rather than broad societal reform. The report encouraged a more flexible and responsive approach, one that balanced professional autonomy with structured oversight.

The report also introduced the concept of ‘Reserved Functions of the Social Worker,’ defining specific roles that only qualified social workers could perform. This was an attempt to clarify professional jurisdiction and restore a sense of professional identity. However, the broader context of market-driven welfare and increased managerialism meant that social work’s role was now more about navigating complex service structures than leading systemic change. The impact of this shift was profound, as social workers found themselves increasingly engaged in risk management and procedural compliance rather than direct social intervention.

The evolution of Scottish social work from the radical optimism of the 1960s to the constrained pragmatism of the 21st century reflects broader trends in welfare provision. While the profession has retained its commitment to social justice, its ability to enact meaningful change has been curtailed by political and economic pressures. The challenge moving forward is to reclaim a sense of professional autonomy and redefine the role of social work in a rapidly changing society. Changing Lives may have marked a departure from the revolutionary aspirations of the past, but it also offers an opportunity for Scottish social workers to critically reassess their position and reassert their relevance in an increasingly fragmented and market-oriented landscape. The question remains: can social work in Scotland recapture its original mission, or will it continue to be reshaped by external forces beyond its control?

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