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Reasonable excuse

If the offender has a reasonable excuse for their non attendance then details of their non attendance and reasonable excuse should be recorded in the IOMS casenotes.

Review the programme hours remaining. Are there enough hours left in the programme that the missed hours can be made up?

If… then the senior community work supervisor or probation officer recommends that…
yes
  • the offender continue the programme to satisfactorily complete their authorised hours.
no
  • the number of authorised BWLS hours be reduced to match the hours actually completed to date, plus (where applicable), any remaining hours available in the programme.


 

Note: The failure to report should be recorded against the applicable date in the report in screen when the BWLS hours are entered after the programme has been completed.

Reference: For more information about reasonable excuse, see Volume 3A, Part VI, Non-compliance and Enforcement. (Please refer to the related links section on this page).

 

Reasonable excuses not to attend

Reasonable excuses not to attend BWLS are similar to those considered reasonable excuses not to attend CW.

Examples:

Examples of reasonable excuses for not attending one or more sessions of the scheduled BWLS training may include, but are not limited to, the following:

  • illness – where, if this is for more than one day/occasion, this is supported by a medical certificate (when requested)
  • illness of a dependant – where there is no alternative caregiver available and the illness is supported by a medical certificate
  • death of a family member
  • civil defence emergency, or
  • other reason where the senior community work supervisor/probation officer and service manager accept that the situation is clearly outside the control of the offender.
No reasonable excuse

Where there is no reasonable excuse following an interview with the offender, the senior community work supervisor or probation officer updates IOMS casenotes to record the:

  • details of their failure to meet the attendance requirements, and
  • absence of a reasonable excuse.

Follow the table set out below to determine the appropriate steps to take:

If… then follow the process set out in…
it is the first incidence first incidence.
it is a second incidence second incidence, or offender unwilling to take responsibility.


 

First incidence

Follow the table below to deal a first non attendance incidence.

Step

Action

1

Consider if the offender has acknowledged that there was no reasonable excuse, and agreed to comply with the BWLS requirements for the remainder of the programme.

If… then the senior community work supervisor or probation officer …
yes
  • goes to step 2 to check to see if the hour(s) missed can be made up within the programme.
no
  • follows the process set out in second incidence, or offender unwilling to take responsibility


2

Check the programme details to see if the hour(s) can be made up within the programme.

If… then the senior community work supervisor or probation officer recommends that…
yes
  • the offender be issued with a warning advising that any further instance of poor attendance (without reasonable excuse), inadequate cooperation or any other departure from the terms of the BWLS will result in none of the BWLS hours being counted.
  • (if required) the BWLS ITR be cancelled and a new BWLS ITR issued to include the additional hour(s) or programme day(s) needed to make up the time.
  • the offender continue the programme to satisfactorily complete their authorised hours.
no
  • the offender be issued with a warning advising that any further instance of poor attendance (without reasonable excuse), inadequate cooperation or any other departure from the terms of the BWLS will result in none of the BWLS hours being counted.
  • the BWLS ITR be cancelled and a new BWLS ITR be issued so that the BWLS hours be reduced to match the hours actually completed to date, plus (where applicable), any remaining hours available in the programme.
  • the offender continue the programme to satisfactorily complete their authorised hours


3

The service manager considers and approves (or amends) the recommendations.

4

The senior community work supervisor or probation officer should then:
  • issue the warning to the offender (in writing)
  • (if appropriate) cancel the BWLS ITR
  • issue a new BWLS ITR
  • inform the provider/Work and Income of the outcome, where appropriate, and
  • update IOMS casenotes to record the outcome and enter the details of any new ITR(s).


 

Second incidence, or offender unwilling to take responsibility

Follow the table below to deal with a second incidence of non attendance or a first incidence of non attendance when the offender is unwilling to take responsibility.

Note: If the recommendation is to cancel the BWLS ITR, a decision about whether the offender will be withdrawn from the programme or allowed to remain on the programme may also need to be made.

Step

Action

1

The senior community work supervisor or probation officer:
  • updates IOMS casenotes to record that there was a departure from the requirements of the BWLS ITR, including the specifics of the issue, and
  • recommends to the service manager that
    • the offender’s BWLS ITR is cancelled
    • the end of programme steps be completed, and none of the BWLS hours completed are counted towards their CW hours
    • the offender is either:
      • withdrawn from the programme, or
      • allowed to continue to attend the programme, although the hours will not be counted, and
    • the offender is instructed to commence CW hours immediately, and an updated CW ITR is issued (if CW was suspended or reduced for the BWLS programme).

2

The service manager considers and approves (or amends) the recommendations.

3

The senior community work supervisor or probation officer should then:
  • cancel the BWLS ITR,
  • issue an updated CW ITR (where appropriate)
  • update IOMS casenotes to record the outcome and enter the details of any new ITR(s)
  • advise the offender (in writing) of the decision, and
  • inform the provider/Work and Income of the outcome, where appropriate.

4

The senior community work supervisor or probation officer completes the end of programme steps as set out in Volume 3A, Part VIII, Chapter 5, End of Programme.


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