The Serious Violence Duty is legislation that came into force on 31 January 2023 as part of the Police, Crime, Sentencing and Courts Act 2022 (Chapter 1 of Part 2). The Duty is intended to ensure relevant services work together to share information and collaborate on interventions to prevent and reduce serious crimes within their local communities.

The Duty was introduced in response to data and statistics that show incidents of serious violence have increased in England and Wales since 2014.

The authorities that are specifically required to work together to prevent and reduce serious violence are:

  • police;

  • justice;

  • health;

  • fire and rescue;

  • local authorities.

These partners can agree how they want to set up their working arrangement geographically.

The Duty also requires consultation with education, prison and youth custody authorities in the preparation of the strategy.

NASUWT recommends that this briefing is read alongside the full guidance on the Serious Violence Duty.

Delivery in Wales

As key services which help prevent crime such as health and social care, accommodation, education, employability and substance misuse are devolved to Wales, this impacts on how the Duty can be discharged. Although Welsh crime and justice are not devolved, crime and justice activity happens in a unique delivery and legislative context.

Devolved and non-devolved organisations work in partnership in Wales to deliver the best possible outcomes for people and to reflect relevant Welsh Government legislation and strategies in the delivery of services. Organisations that work closely together to deliver effective services include:

  • Welsh Government;

  • Public Health Wales;

  • local authorities;

  • Local Health Boards;

  • Substance Misuse Area Planning Boards;

  • Her Majesty’s Prison;

  • Probation Service in Wales;

  • Policing in Wales;

  • Home Office;

  • Ministry of Justice.

This partnership approach in Wales focuses on recognising the impact of adverse childhood experiences (ACEs), while working together to keep communities safe and prevent reoffending and further harm to victims. This is formalised and governed by a memorandum of understanding between Public Health Wales, Policing in Wales and criminal justice partners.

It is also evidenced through a number of joint strategic frameworks, which are delivered within the context of the Welsh Ministers’ executive powers and the legislative competence of the Senedd as set out in the Government of Wales Act 2006.

Partnership arrangements in Wales

Every Welsh local area will have a range of existing multi-arrangements in place. The Police, Crime, Sentencing and Courts Act 2022 does not specify the partnership model through which specified authorities must fulfil their obligations to collaborate to prevent and reduce serious violence.

Representatives from the specified statutory organisations should collectively agree on the appropriate partnership in which they will work together to undertake the requirements of the Duty.

In Wales, Public Service Boards, Regional Partnership Boards, Community Safety Partnerships and (for parts of the Duty) the VAWDASV (Violence Against Women, Domestic Abuse and Sexual Violence) Board will already include most or all of the partners who need to be involved.

In order to comply with the Duty, existing partnerships should be used where possible. It may not be necessary to create a new partnership, where effective partnerships already exist in Wales, they are in a strong position to deliver the Duty in most local areas.

As the Duty can include domestic abuse and sexual violence within its remit, where it is considered to be serious violence in the area, organisations with responsibilities under the Duty may consider how they can address both the Duty and their responsibilities under the VAWDASV Act without setting up parallel or duplicative arrangements.

Specified authorities may wish to consider adapting and revising their current arrangements under the VAWDASV Act, to ensure that these arrangements also address serious violence more broadly in line with the Serious Violence Duty. This may require regional VAWDASV boards to review their membership to ensure that all relevant bodies are engaged and may need to potentially revise their existing strategies. The Serious Violence Duty strategy can then make suitable reference to regional VAWDASV strategies.

The specified authorities within the partnership area should come together, provide information and data, and collaborate in the formulation and agreement of the strategic needs assessment, as already takes place for the Strategic Assessment, Wellbeing Plans and Population Needs Assessment and Action Plans.

Relevant current statutory duties in Wales

Services being delivered in Wales need to consider the distinct legislative and policy background in Wales, as well as the partnership agreements in place. Some of these relevant duties which partners will need to consider when fulfilling their responsibilities under the Serious Violence Duty in Wales are detailed in the Home Office’s Guidance on the Duty.

They include:

  • Wellbeing of Future Generations (Wales) Act 2015 (WFG Act);

  • A Healthier Wales;

  • Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015;

  • Social Services and Wellbeing (Wales) Act 2014;

  • Rights of Children and Young Persons (Wales) Measure 2011;

  • Housing (Wales) Act 2014;

  • Socio-economic Duty - The Equality Act 2010;

  • Curriculum and Assessment (Wales) Act 2021.

Relevant national strategies in Wales are also explored in the full guidance:

  • Substance Misuse Delivery Plan 2019-22;

  • The whole school approach to mental health and wellbeing;

  • Youth Work Strategy for Wales;

  • Youth Engagement and Progression Framework and Young Person’s Guarantee;

  • An Anti-racist Action Plan for Wales;

  • LGBTQ+ Action Plan;

  • Together for Mental Health.

Information sharing in Wales

To deliver the Serious Violence Duty in Wales, data sharing is key. Organisations that are directly concerned with health, education, safety, crime prevention and social well-being of people have signed up to the Wales Accord on the Sharing of Personal Information (WASPI). This provides a tool to enable the sharing of personal information effectively and lawfully.

The Home Office guidance sets out the expectation that WASPI will form the basis of information sharing to support the Serious Violence Duty.

Further information

NASUWT has also produced a member briefing on the requirements of the Serious Violence Duty in England.

NASUWT members should contact the Union if they have particular concerns about the Serious Violence Duty. This includes any requests made to schools and colleges as part of the Duty that they feel should not apply in line with the mitigations set out in the guidance and shared in this briefing.