Obtaining an offender's consent for an SPM

Introduction

Once an offender has been assessed as suitable for an SPM, an SPM can only be held if the offender gives free and informed consent. An SPM cannot be made a special condition of the order or sentence. This section sets out how to seek an offender's consent and what to do if the offender does not consent.

Information and consent form

The supervising PO should provide the offender with the fact sheet "Ending Offending Together: Information for people who have sexually offended against children" (on Corrnet) and discuss the possibility of an SPM with them.

If the offender is interested in an SPM, go through the SPM Consent Form (available on Corrnet) with the offender and if he or she consents ask for the form to be signed. Place the signed form on the offender's file and give a copy to the offender.

This table explains what to do if the offender does not consent to a Support Planning Meeting.

If…	then…
The offender withholds consent	Discuss reasons for withholding consent. These may include practical difficulties with which the PO may assist (eg. transport).
The offender withholds consent	Use motivational interviewing techniques to help offender see the benefits of taking part in an SPM. For example, use the Cost/Benefit Tool Form (from Corrnet) to explore the positive and negative aspects of the SPM.
The offender still withholds consent	Record refusal on Induction Checklist and in IOMS casenotes along with the reasons for refusal
The offender still withholds consent	If offender's reasons for not consenting indicate an increased risk of offending, consider this when deciding level of monitoring.
The offender still withholds consent	Share information with any agencies involved, see Vol 4, Part I, Chapter 12 and Vol 4, Part II, Chapter 2.

Note: While these steps are necessary to monitor and respond to risk factors that may be present, it is important that the offender's consent to the SPM is informed and given freely.

Partial consent

If offender consents to some aspects of the SPM but not others (eg. does not consent to Police or CYF participation), the PO should:

Consult with their Service Manager, facilitator and the psychologist.
Decide whether a meeting excluding that participant/aspect is capable of producing an effective and defensible safety plan.
If an effective, defensible safety plan cannot be produced, do not hold an SPM and consider other sentence management tools to manage the offender's risk.

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